Presentation on theme: "World Law and the Earth Constitution Nine Key Features of World Law"— Presentation transcript:
1 World Law and the Earth Constitution Nine Key Features of World Law Dr. Glen T. MartinWorld Constitution and Parliament Association(WCPA)Institute on World Problems(IOWP)
2 Non-military, democratic Earth Federation under the Earth Constitution with enforceable world law.
3 Developed by hundreds of world citizens in 4 Constituent Assemblies meeting in 1968,1977, 1979, and 1991
4 1. The purpose of world law To deal with all those global issues that are beyond the scope of nation-states and their unworkable treaty system in the United Nations.
5 Beyond the scope of nation-states (today’s global crises): (1) war and militarism(2) massive human rights violations(3) global poverty and misery(4) disappearing water, fisheries, and agricultural lands(5) climate collapse and global warming(6) an ever-growing number of problems with no global coordination, planning, or action.
6 Broad functions of the World Government under Article One of the Earth Constitution: (1) prevent war and secure disarmament(2) protect human rights worldwide(3) create the conditions for universal prosperity(4) regulate and protect world resources(5) protect the environment and the ecological fabric of life(6) devise solutions for all problems beyond the scope of national governments and plan for the future.
7 A mirror of global crises: The six broad functions of the Earth Federation are precisely the six global crises indentified above. They are all “beyond the scope of nation-states to deal with.
8 2. World law establishes a peace system by institutionalizing peace into democratic world law a. A system of “sovereign” nation-states in intrinsically a war systemb. Peace is not merely a spiritual ideal, in must be established, by law.
9 The Earth Constitution establishes a peace system in a multiplicity of ways. (1) Demilitarizing the nations(2) Establishing unity in diversity(3) Universal equality before the law(4) Holding individuals responsible to the law(5) Establishing reasonable economic equality worldwide(6) Mandating equitable use of the world’s resources(7) Protecting human rights and due process of law worldwide(8) Establishing conflict resolution, education, and mutual understanding programs worldwide.
10 1. Subject to the same law as all others 3. World law is enforced by civilian based police with no military. The profound differences between all forms of military and civilian based police.Civilian police:1. Subject to the same law as all others2. Transparency and civilian control2. Investigate individuals suspected of crimes3. Bound to due process of law4. Minimum use of force necessary5. Protection of due process of law
11 Military enforcement or security: Every one of the above five requirements for civilian based police is violated by military doctrine and practice.
12 4. A founded system under the Earth Constitution (versus an evolved system) a. Evolution always must postpone the ideal forever into the future.b. A founded world order can be premised on correct principles from the very beginning.The Earth Constitution founds a world order on universal moral principles applying equally to all persons.
13 5. World law is binding, and enforceable over all persons 5. World law is binding, and enforceable over all persons. “International law” is not lawa. Look at the UN website for international law.b. What is unenforceable, that from which one can exempt oneself or withdraw oneself, is not law.The Earth Constitution creates democratically legislated world law enforceable over individuals, and binding at all levels of the Earth Federation.
14 World law establishes world government World law establishes world government. Global “governance” is not governmenta. Today, policy is influenced and treaties made through the influence of global financial institutions, global corporations, global NGOs, and national governments (through the U.N., etc.). The popular term for these practices is “global governance.”Example: WTO rules or the Johannesburg Environmental Summit of 2002.b. But these policies are profoundly undemocratic and profoundly inadequate to the world’s need.The Earth Constitution creates real government, which means real democracy, not some shady, slippery immoral idea of “governance” that allows power relations and self-interest to influence the agreements reached.
15 7. Enforceable world law versus moral ideals Justice is a mere ideal unless it is concretely embodied in law enforceable over individuals.Human rights are just an ideal unless they are embodied in enforceable law.
16 U.N. Universal Declaration of Human Rights is just an ideal Article 25, number 1: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”
17 Why is this not just nonsense? Article 25 of the U.N. Universal Declaration is violated world wide for at least 4 billion of the Earth’s citizens. Like the rest of the universal declaration, any “ideal” can be simply ignored (while paying lip service).
18 The entire U.N. System violates article 28: Article 28: “Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.”The Earth Constitution establishes all these rights as enforceable world law. Article 28 says that people have a right a real Earth Federation. It is more than clear that the U.N. cannot satisfy Article 28.
19 World law institutionalizes justice and democracy World law institutionalizes justice and democracy. Justice and Democracy as procedural:Justice is 90% procedural, just as effective democracy is 90% procedural:a. rules of decision-making for courts and legislatures as well as rules of due process:rules of arrest, rules of treatment of suspects, rules of processing the accused, rules of treatment of prisoners or civilians, rules of evidence, rules of prosecution, rules defining punishment, rules protecting each person individually.The Earth Constitution and provisional world legislation provide the concrete procedures necessary for worldwide justice and democracy.
20 The Earth Constitution as effective World Law The Earth Constitution specifies the detailed rights in its Bill of Rights as “inalienable,” that is beyond the ability of government to alter or abolish them.The Constitution and the Provisional World Parliament have elaborated rules and procedures for protecting due process rights and hence for making justice a concrete reality, not a mere ideal.
21 9. Justice and our common humanity: unity in diversity and the principle of love. There is no justice unless it is planetary justice. Justice for women here in Thailand is not significant if it is being violated in Nepal, Tibet, or Myanmar.There is no freedom unless it is planetary freedom. As long as anyone is being tortured anywhere on the planet, my humanity is being violated.There is no peace unless it is planetary peace. As long as war is going on anywhere on the planet I am not at peace.
22 Democratic world law is the political embodiment of love Ratification of the Earth Constitution alone will bring justice, freedom and peace to the world, precisely because it gives us effective world law, a peace system rather than a war system.The Earth Constitution is the political embodiment of love
23 Review of our 9 points: The purposes of world law. World law establishes a peace system.Civilian based police versus all military.A founded, not an evolved systemWorld law is binding and enforceable over individuals.“Governance” is a lie without government.“Ideals” are worthless without enforceable law.World law institutionalizes justice and democracy in concrete procedures.Justice, love, and democracy are universal concepts involving our common humanity. The Earth Constitution is the political embodiment of love.
24 The Earth Federation Movement: creating democratic world law under the Earth Constitution