The invitation on behalf of the more than 32000 students of the City of Montesori School (CMS), in representation of the two billion children of the world and the generations yet to be born, represents a great challenge and opportunity for the Chief Justices of the World, encouraging us to face the several problems that hunt humanity and to acknowledge that the "empowering of the International Court of Justice" is essential to the effective protection of the human rights.

The calling of the CMS students, standing in the name of the children of the World, compels us to take into consideration their requests of attention, regarding to the existence of more than 36000 nuclear weapons, chemical and biological weapons of massive destruction power, international terrorism, drugs traffic, armed international conflicts, earth warming, ecologic disaster, brutal scenes of inhumane poverty and disease, the more than 40000 deaths a day caused by mal nutrition and diseases that might have been prevented by vaccination, plus the incommensurable expenses wasted in weapons and "defence" budgets.

In order to give an effective response to the demands presented by these children, is required the unanimous support on behalf of the authorities from al over the globe, support that needs to be translated into effective commitment towards positive action and policies and not mere declarations of good will.

In this context, although is possible to find many alternatives and aim to each one of them, we shouldn't loose of sight that the consecution of these objectives will demand a deep social transformation.

Therefore, special attentions on education as continuous and creative process of development of the capacities is required, as well as the creation of a new international world order, fully respectful to the enforceable international law. It is regarding to this last point that the enforcement of the International Court of Justice is elemental.

I) Article 51 of the Constitution of India - It's symmetry with the Constitution of the Republic of Paraguay.

Article 51 of the Constitution of India states:

"Promotion of international peace and security:

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"

This article is presented as a beam of hope to a world infested by nuclear weapons and imminent ecological disaster, and reinforcing the notion that only with the constitution of a World Government, specially a Parliament and a Judiciary fully competent to legislate and enforce International Law, will be possible to achieve the so hoped peace and security for the people of the world.

Related to the article 51 of the Constitution of India, comes to memory that in 1999, the students of CMS collected more than 100000 signatures of citizens of Lucknow in support of a demand claiming for positive actions towards world peace, the safeguard of the children of the world, the creation of a World Government to promote peace al welfare, the destruction of all weapons of massive destruction, the end of terrorism and for environmental preservation, presented to Dr. Koffi A. Annan, Secretary General of the UN.

The request presented by the students of CMS also pointed out the need to encourage all the Governments of the world to adopt similar dispositions to the article 51 of the Constitution of India into their own Constitutions. The demand was presented by the students, in representation of the children of the world, in occasion of the Millennium Forum, held from the 22nd to the 26th of May of 2000, in New York.-

Sadly, this initiative failed to succeed, since the subject of the "New Politic and Economical International Order" was not addressed by the leaders attending to the Millennium Forum.

So, given the circumstances, emerges as the a central point of discussion the clause c) of the article 51 of the Constitution of India, having into consideration that is relatively little what has been done towards the fostering of the respect for international law and the creation of a World Parliament.

In this context, it is relevant to mention some dispositions contained in the Constitution of the Republic of Paraguay, passed in the year 1992, specifically on Chapter II, Title II, Part II, regarding to "International Affairs", articles 141 to 145, that provides important notions about the subject under discussion:

- Article 141 states: "The international treaties validly celebrated, passed by Congress's Law, and whose instruments of ratification had been deposited or exchanged, make part of the internal legal order, having the hierarchy established on article 137". In other words, the international treaties are in second place in the rank of hierarchy, only preceded by the Constitution itself. Plus, the article 137 states that "anyone that tries to alter the given order, disrespectfully of the legal mechanisms foreseen in this Constitution, will incur in the criminal acts to be described and penalized by law".

- Article 142 refers: "The International Treaties relative to human rights can not be denounced but by the proceedings established to the amendment of this Constitution".

- Article 143, "about the International Affairs", states that "The Republic of Paraguay in its international affairs, acknowledges the International Law and adapts the following principles: 1) National Independency; 2) The right to self determination of all countries; 3) Legal Equality between all States; 4) Solidarity and International Cooperation; 5) International Protection of the Human Rights; 6) free navigation of the international rivers; 7) No Interventionism; and 8) Rejection to any form of Dictatorship, Colonialism or Imperialism".

- By article 144, the Republic of Paraguay renounces to war, declaration that is coherent with the rights and obligations of Paraguay as a member of the United Nations and of the Organization of American States, and as a part of other regional treaties.

Regarding this, it is relevant the opinion of Oscar Paciello, former Conventionalist, when expressed that the Paraguayan people certainly has a pacifist spirit, and that as a member of the international legal community, can not turn away an isolate from the fulfilment of the duties imposed the Inter-American Cooperation System and the belonging to the United Nations. Continues to point out that Paraguay can't deny its international commitment regarded to the endeavour of world peace.

- In our opinion, it is fundamental the principle sustained by the article 145 of the Constitution of the Republic of Paraguay, referred to "The Supranational Legal Order", that states: "The Republic of Paraguay, in conditions of equality with other States, admits a Supranational Legal Order that enforces the respect of the human rights, peace, justice, of cooperation and of political, economical social and cultural development. Such decisions will only be made by absolute majority of each Chamber of the Congress".

The Supranational Legal Order contains a transcendental conception of the commitment assumed by the States in the context of the human rights, disdaining any position that obstructs the recognition of the fundamental rights of man beyond his merely national environment; and to achieve that the differences that might exist will not constitute discriminatory factors, but possibilities, chances to promote thoughtful and well intended actions of the members of the international community.

II) Hierarchy of the International Treaties about Human Rights according to the Constitution of the Republic of Paraguay.

Now, after the outline of the dispositions contained in articles 141 to 145 of the Paraguayan Constitution, it is time to make some brief considerations about the importance and predominance recognized by the Constitutional text to International Treaties referring to Human in Rights.

As said before, in the case of the Paraguayan Republic, International Treaties about Human Rights are second in the rank of hierarchy of laws, just below the Constitution. Given the case of conflict of internal laws or statues, the International Treaty should be applied instead of the national legislation; hence the need to adequate the internal legislation to the obligations assumed by means of the International Treaties, otherwise the State will be exposed to sanctions because of the breaching of international law.

About this matter, are very enlightening the words of the Argentinean constitutional writer Germán Bidart Campos, who points out that according to the Vienna Convention about International Treaties -Paraguay is a signatory State of this Treaty-, specifically article 27, a signing State can not oppose international legislation as an excuse for the miss performance of the obligations assumed in an International Treaty. Therefore, as affirmed by the mentioned writer, there is a basic principle of primacy over the internal law that favours International Treaties, since it is incoherent to submit to a second place the international law if adopted by a State, instead of giving International Law more or, at least, the same importance than the Constitution.

Specialists in International Law, refer that this conception is sustained by two principles: "pacta sunt servanda" and "pro homine". The first principle is an application of a Latin allocution meaning that what was concerted by the parts has to be performed as agreed; in other words, the pacts have to be respected and fulfilled according to what was reasonably expected by the parts, and to submit the application of international treaties to internal statutory dispositions would configure a plain violation of this principle. The second principle stands as a rule that whenever human rights are in discussion, if the statue sets a right o faculty it should be interpreted as broadly as possible; and in the other hand, whenever a statue sets a limitation or obligation it should be interpreted in a restrictive sense.

The origin of the human right's protection systems can be placed immediately after the Second World War, with the creation of the United Nations in 1945. Regionally, in America, the process runs parallel to the creation of the European system, an its milestone is given by the Inter-American Human Rights System, created in the Ninth Pan-American Conference held in Bogotá. Also the Universal Human Rights Declaration of December the 10th 1948, and the American Declaration of the Human Rights and Duties of May the 2nd, 1948, of the Organization of American States, are fundamental precedents of the treaties, agreements and organisms that had been created around the globe to secure the respect for human rights.

Therefore, in order to achieve full success in the fight for the protection of human rights and the respect of international treaties referred to the same subject, it is essential to create a system of enforceable International Law, binding to every State or individual, and that, given the case of tort, acknowledges the right of the victim to plea to competent courts to obtain the protection of the endangered right and to obtain effective compensation for the suffered offences.

III) Prevalent hierarchy of the International Treaties concerning rights of childhood and adolescence.

In the field of childhood protection, the elemental the principle is given by the "Best Interest of the Child", which has Constitutional rank in the Republic of Paraguay, according to what is stated on article 54 of the Constitution: "The rights of the children, in case of conflict, have prevalent hierarchy".

The pre mentioned constitutional precept incorporates the main principle of the International Convention on the Rights of the Child of 1989, signed and ratified by Paraguay by Law Nº 54/1990, and has, as said before, an hierarchy ranked just below the national Constitution and is prevalent to other internal legal dispositions. The said principle -the best interest of the child- is expressly established by article 3 in the Convention, as well as by article 3 of the Paraguayan Childhood and Adolescence Code.

Consequently, every decision to be adopted referred to the children or adolescents, has to be inspired on their best interest, intending to secure the full exercise and development of their capacities, rights and guarantees. In order to comprehend what is the prevalent or best interest, the jurisdictional and administrative authorities have to take into consideration the familiar ties, the education, as well as the ethnical, religious, cultural and linguistic background; giving special relevance to the opinion of the minor, the balance between his rights and obligations and his particular situation as a person in development (article 3, Law Nº 1680/2001, "Code of the Childhood and Adolescence").

In effect, the incorporation of the Convention on the Rights of the Child of 1989 to the Paraguayan legal system, embossed with the Integral Protection doctrine, left behind the ancient concept of Irregular Situation, and obliged to consider children as subjects of rights instead of merely objects. This implies the obligation, of both administrative and judiciary authorities, as well as private social welfare and other organisations, to listen and have into account the child opinion, which should be taken into consideration according to the child's age and grade of maturity, in all aspects of life, as clearly stated on article 12 of the Convention.

Likewise, along with the principle of Integral Protection, other orienting principles, directed to agents in charge of law application and enforcement, have their way into the legal system, specifically, the no discrimination principle, the child's progressive autonomy principle and the principle of full implementation of the rights. All cardinal principles for the subject under discussion in this Summit, since they lay down the guiding lines in the moment of deciding about actions related to childhood.

The Full Implementation of the Rights doctrine merits special emphasis, since its application will not be possible in the International scenery if the childhood protection systems do not count with enforcement faculties, vital to leave behind the mere lyric declarations of rights and guarantees that are useless unless enforceable.

In addition, the Preamble of the Convention on the Rights of the Child clearly states the need of promoting a special protection for the child, as already included on the Geneva Declaration of 1924 on the Rights of the Child and on the Declaration on the Rights of the Child adopted by General Assembly on November the 20th, 1959, and as acknowledged on the Universal Declaration on the Human Rights, on the International Pact on Economical, Social and Cultural Rights (particularly on article 10) and on the charts and pertinent instruments of the specialized institutions and international organizations focused on the child's welfare.

In order to achieve the goals proclaimed on the different international treaties and documents, it is required the international cooperation for the improvement of the life conditions of the child around the world, with special attention to those who inhabit the most deprived regions. And of course, the quid of our approach is the construction, through the general support, of an International Enforceable Law, that empowers the International Court of Justice to obtain the so wanted full implementation of the rights of the child.

IV) The International Court of Justice. Reflections about the enforceability of the International Legal System

The International Court of Justice, located in The Hague (Netherlands), constitutes the main point of our analysis, since it is the main Judiciary Organ of the International Community, and therefore is the starting point in the pursuit of a New World Order based upon the respect of International Law.

In order to arrive to conclusions full of humanity and not mere speculations from the politic point of view or pseudoscientific prejudgements, it is necessary to approach the problematic from the point of view of the human been and his daily reality. Do we really have an approximate dimension of the plagues haunting humanity? What future expects to our children as men of the tomorrow? Is it possible to think on a system that makes it possible to avoid the catastrophes caused by the use of weapons of massive destruction and by the deterioration of the environment? Is it likely to imagine a system on which resources are spent in health, education, nutrition, in other words, general welfare, other than spending on higher territorial or economical influence or on taking advantages on the weaker nations?

This questionings had resulted on a wide range of recipes that had proven to be unsuccessful since, on praxis, had failed to eliminate the disease. Despite the efforts, we continue in a world in which the international controversies solution system hasn't reached its purpose to the full extend: International Peace and Security.

In the words of the professor Juan Antonio Travieso: "Summits of chief of international governments will continue to be held, but the ordinary man that walks on the streets of Buenos Aires, Lima, Manhattan, Paris, Kenya, still wonders in what way this decisions might influence his quotidian life style. The Commission on International Law shall continue to gather and we will keep praising its achievements, but that anonymous man or woman will feel that they are submerged on an alienated world, in the best sense of the word, considering it specially estranged to his existence".

Making an analysis to verify if the protagonists of International Law accept and submit to the mechanisms of solutions of international disputes, comes out as a special matter the crisis of the concept of sovereignty in the face of the modern phenomenon of globalization, where the absolute sovereignty looses ground in favour of other principles.

The creation of the United Nations was a consequence of the ideas and principles that outlined an international politic objective in the mid twentieth century.

The unavoidable question about the solution of international disputes is if this system has failed in the cases of breaching of peace or menaces to international peace. The answer, a priori, makes us consider the organizational structure of the United Nations in connection with the legal order, and to wonder about the enforceability of the international law. The International Law exists, although is not applied. For some specialists in international law, the United Nation's Peace Forces, legally effective since the Charter of the UN, seam not to have full control of the situation yet.

Authors as Travieso, already quoted in this work, the present world, the world of the massive violations of the human rights, presents a new situation, which is the international responsibility that is being translated into a power to claim for proper compensation, which should be assured by the legislation of effective laws, aware that the international legal order might loose efficiency if not done so and that its relevance could be reduced to the point of being considered as just a long enumeration of good purposes that are imprinted in international treaties that signed, ratified but not fulfilled.-

In a moment of growth of the methods of solution of international conflicts, especially by special courts, we can't hold to wonder if the existent systems are suitable to give proper answer to the present situation; moreover when the implementation of the different systems is dependable on the voluntary acceptation of the competence of the International Law Courts.

In sum, it has been difficult to establish a sort of mandatory international jurisdiction to States. We consider, together with many of the modern jurists, that it is necessary to propose a new model, a new notion of sovereignty, on which it seems that the key to achieve world peace consists in the existence of democracies fully respectful of human rights and individual liberties and that demand the end of totalitarian or authoritarian States.

The jurists will be the protagonists of this change. Judges, lawyers, professors, applying the principles outlined on the Charter of the United Nations and the other international documents related to human rights, not acting as mere spectators of the international law, but as creators of a new paradigm inspired in the human being and in his needs and problems, his hopes and dreams. Said in other words, it is necessary to start from the particular to achieve the universal.

The different systems of solution of international disputes of the United Nations appear in front of us as a magic cube, where the articulation or systematization of the different pieces is fundamental. Scientists, lawyers and intellectuals must abandon the lame excuse of pledging that it is up to politicians to endeavour such task.

The failure of international law due to the lack utility of the jurisdictional remedies beyond the fact of being mere diplomatic statements denotes the urgent need to turn to the study, as said before, of the simple -but not less important- to get to the universal. This obliges us to meditate about the situation of poverty of the vast majority of the world, as a fuel of most of the conflicts. The picture of a child dying of starvation is as dramatic as one of bombs falling .

All the mentioned ideas create on us the conviction that the existence of international community, its empowerment and the enforceability of its decisions ; acknowledging that there will not be such thing as a global government nor such as a supranational democratic organization meanwhile National undemocratic States continue to exist.
Conclusions.

The International System of Justice -or World Judiciary- implies the empowerment of the United Nations System and the enforcement of the international law and the decisions of the International Court of Justice, and is intimately linked with the inclusion of programs of education of the children towards peace in the educational curricula. The protection and promotion of the rights of the child is no other thing than the implementation of the Integral Protection doctrine, and through the efficiency of its guiding lines, should be facilitated by the strengthening of the families; having in mind the triad family - society - State, that although enclosing a certain subsidiary character for the third element, is far from loosing of sight the starring role of the States as a safeguards for the respect of fundamental rights.

This should constitute the north of every policy adopted by the different State's components; and it is a challenge to us, as magistrates and members on the Judiciaries of our Countries, to assume this commitment in the sense of communicating this principles to the institutions that we are part of, either national, regional or international, in order to conquer the full implementation of such ideals, principles and decisions adopted by the international community for the safeguard of the generations to come.

The Paraguayan experience, although recent, acknowledges that the best ally for the implementation of the mentioned principles is given by the education and training of the operators of the judiciary system, and of course along with the inclusion of the principles in the scholar curricula as a ground floor.

In the year 2000, the Supreme Court of Justice of the Republic of Paraguay, acting in Plenary Session, resolved to create the position of Minister in Charge of Human Rights Affairs and, in order to provide an infrastructure that would aloud the designated Minister to fulfil the assigned task, also created the Unit of Human Rights of the Supreme Court of Justice.

Accordingly, the Supreme Court of Justice created the International Centre of Judiciary Studies, an office specialized on training magistrates with the goal of conquering the so wanted effective implementation of human rights related normative dispositions. The International Centre of Judiciary Studies has given emphasis to the instruction on the application of International Treaties on Human Rights, so that magistrates, judges and the other operators of the legal system are suitably prepared to base their judiciary decisions on the international treaties that make part of the Paraguayan legislation.

Acknowledging that this participation of the Members of the High Courts of the different States will be translated in the strengthening of our Nations commitment to endeavour in the respect of the international commitments assumed as members of the United Nations; the Paraguayan Judiciary rises its voice with the world, as an answer to the calling of the child and generations to be born, who are in need of actions, not of promises, actions resulting in the eradication of the atrocities that haunt humanity; actions that depend mostly on a synergy with the Nations of the World, that will determine the success of the hope that we all share in this Summit.