The societies and nations the world over are governed by rules and regulations applicable to, and enforceable on, all. But the rule of law remains elusive in many places; and in many cases vulnerable sections do not get redressal, while the powerful manipulate law in their favour. It is so at the international level too. International law is based on covenants, conventions, treaties and agreements among nations, but has no binding effect. It is, therefore, imperative to have a world body duly constituted by reasonably represented peoples and nations of the world, expressly granting it sanction to enact universally applicable international law or world law, by whatever name called. Such law shall then be respected and shall have binding effect. The rule of law throughout the world is of paramount importance in this era of globalization.
The world today is passing through probably the most difficult phase in human history when the very survival of humanity, nay, life itself, is gravely endangered. On one hand, scientific and technological advancement and globalization have opened new vistas, on the other hand, it has created many problems which are multiplying faster than the efforts to contain them. Global warming and climate change, nuclear proliferation, lawlessness and terrorism, civil and ethnic wars and danger of third world war are matters of global concern, besides poverty, hunger, disease, drugs, money laundering and many other problems. All global problems require global solutions.
In over six decades of its existence, the UNO has seen more people die in numerous wars all over the world, than had died in both the world wars combined. The UNO also saw the nuclear countries build up massive stockpiles of nuclear weapons, said to be over 25,000 warheads strong. Moreover, many countries have also stockpiled chemical and biological weapons. Even though the UNO has many achievements to its credit, in the ultimate analysis, one has to admit that it has fallen far short of the expectations of its founding fathers. One is reminded of what Jan Tinbergen, the 1969 Noble Laureate in Economics, said, "Mankind's problems can no longer be solved by national governments. What is needed is a World Government. This can best be achieved by strengthening the United Nations system." In the present world scenario it has become all the more necessary to strengthen the UNO, by suitably amending its Charter, so as to make it a more effective body for preventing wars, resolving international disputes, countering terrorism, conservation and protection of environment, ensuring nuclear disarmament and evolving enforceable world law, to ensure world peace and prosperity and a safe future for children.
Now that the leaders of various countries are unwilling or incapable of either arresting the global stockpiling of weapons of mass destruction or reversing the massive tide of environmentally damaging and ecologically destructive activities worldwide, the need of the hour clearly is for an international law-making body, whose enactments would be uniformally applicable on all the countries and all the peoples of the world. However, world leaders have already demonstrated their lack of statesmanship which was clearly evident at the UN's Millennium Summit (held from 6th to 8th September 2000 at New York) where even though the agenda recommended by the U.N. Millennium Forum of Civil Society organizations and the N.G.O.s included discussions on 'a new international economic and political order', the biggest gathering of Heads of State and Heads of Government failed to come to any conclusion in this regard. We have also seen the outcome of the Second Millennium Summit held on 14-16 September, 2005, at New York. The much talked about reforms of the UNO are nowhere in sight.
Perhaps the choice before all who inhabit this earth, is whether the unification of humankind will happen after unimaginable horrors precipitated by humanity’s stubborn clinging to old patterns of behaviour, or is to be embraced now by an act of consultative will. It needs serious considerations whether world unity and world peace is possible by strengthening the United Nations system or by a totally new world order, which may also initiate global efforts to conserve the environment, to outlaw and eliminate all weapons of mass destruction and address the problem of terrorism, thus safeguarding the future of humanity and specially the world’s 2.4 billion children and those yet-to-be-born. Besides, for interpretation of International/world law and for adjudicating disputes and dispensing justice, it will be necessary to strengthen the International Court of Justice and to extend the jurisdiction thereof to all nations
On behalf of now over 47,000 CMS students representing the world’s two billion children, I Jagdish Gandhi wrote many letters to Dr Kofi Annan, the then Secretary General of the UNO requesting that children’s Right to a Safe Future be recognised and included in the UN’s Declaration of Rights of the Child. The then Secretary General chose to reply (vide letter dated 16th July 2001) to only one of my letter (dated 29th June 2001) in which I had also congratulated him on his reappointment, and even then Dr Annan only thanked me for compliments and made no mention of my request on behalf of world’s children. Clearly, the United Nations is neither ready to grant nor deny this right to the children! Having failed to find justice anywhere, CMS had the option of either keeping silent or of taking the children’s case to the world judiciary. Having appointed itself as the custodian of the welfare of world’s children, born and yet-to-be-born, CMS has decided to approach the Chief Justices of the World and solicit their support in favour of the children’s cause. The children’s last hope rests with the world judiciary, for, Judges are the only authority who are trusted and respected by all, the masses as well as the classes. As the conscience keepers of mankind and as the custodians of the welfare of humanity’s silent masses, it is the moral duty of the world judiciary to come out of their Courts and to deliver a public judgement on the urgent issue of global governance. A wonderful opportunity to demonstrate their support and to lend the weight of their office and personage to the cause of world unity and world peace, offers itself to the International Judicial fraternity at the 14th International Conference of Chief Justices of the World on Article 51 of the Constitution of India to be held at Lucknow, India from 11 to 17 December, 2013.
If the Judiciary fails to grasp this historic opportunity, then nothing can save the world from total annihilation in a third world war or an eco-catastrophe.
Since the minds of the judges are conditioned towards justice and also because they are capable of facilitating the establishment of a new world order as their views and pronouncements would act as a mandate from the people to advise world leaders on the vital issue of saving humanity and ensuring a safe future to world's children and also those yet unborn. Only the Judiciary is capable of paving ways, by impressing upon the world leaders, to bringing about 'enforceable International / World Law' binding on all countries and peoples of the world either by reform of the UNO to create a body - a World Parliament for enacting such world law or by a new world order. It is also expedient to empower the International Court of Justice by extending its jurisdiction.
As the conscience keepers of mankind and as the custodians of the welfare of humanity's silent masses, World Judiciary should come out to deliver a public judgment on the urgent issue of effective global governance.
The voice of the united World Judiciary cannot be ignored by other sections of the world, how-so-ever powerful. Children expect that the judges of the world shall unite for the sake of humanity's survival and for safe future for children and generations to come.