World Law and the Earth World Law and the Earth ConstitutionConstitution

Nine Key Features of World LawNine Key Features of World Law

Dr. Glen T. MartinDr. Glen T. Martinwww.radford.edu/~gmartin

World Constitution and Parliament AssociationWorld Constitution and Parliament Association (WCPA) (WCPA) www.wcpa.biz

Institute on World ProblemsInstitute on World Problems(IOWP) (IOWP) www.worldproblems.net

Non-military, democratic Earth Federation under the Earth Constitution with enforceable world law.

Developed by Developed by hundreds of hundreds of

world citizens world citizens in 4 in 4

Constituent Constituent Assemblies Assemblies meeting in meeting in 1968,1977, 1968,1977, 1979, and 1979, and

19911991

1. The purpose of world law1. The purpose of world law

To deal with all those global issues To deal with all those global issues that are beyond the scope of nation-that are beyond the scope of nation-states and their unworkable treaty states and their unworkable treaty system in the United Nations.system in the United Nations.

Beyond the scope of nation-Beyond the scope of nation-states (today’s global crises):states (today’s global crises):

(1) war and militarism(1) war and militarism(2) massive human rights violations(2) massive human rights violations(3) global poverty and misery(3) global poverty and misery(4) disappearing water, fisheries, and (4) disappearing water, fisheries, and

agricultural lands agricultural lands (5) climate collapse and global warming (5) climate collapse and global warming (6) an ever-growing number of problems (6) an ever-growing number of problems

with no global coordination, planning, or with no global coordination, planning, or action.action.

Broad functions of the World Broad functions of the World Government under Article One of the Government under Article One of the

Earth Constitution:Earth Constitution:

(1) prevent war and secure disarmament(1) prevent war and secure disarmament(2) protect human rights worldwide(2) protect human rights worldwide(3) create the conditions for universal prosperity(3) create the conditions for universal prosperity(4) regulate and protect world resources(4) regulate and protect world resources(5) protect the environment and the ecological (5) protect the environment and the ecological

fabric of lifefabric of life(6) devise solutions for all problems beyond the (6) devise solutions for all problems beyond the

scope of national governments and plan for the scope of national governments and plan for the future. future.

A mirror of global crises:A mirror of global crises:

The six broad functions of the The six broad functions of the Earth Federation are precisely Earth Federation are precisely the six global crises the six global crises indentified above. They are indentified above. They are all “beyond the scope of all “beyond the scope of nation-states to deal withnation-states to deal with..

2. World law establishes a peace 2. World law establishes a peace system by institutionalizing peace into system by institutionalizing peace into

democratic world lawdemocratic world law

a. A system of “sovereign” nation-states in a. A system of “sovereign” nation-states in intrinsically a war systemintrinsically a war system

b. Peace is not merely a spiritual ideal, in b. Peace is not merely a spiritual ideal, in must be established, by law.must be established, by law.

The Earth Constitution establishes a The Earth Constitution establishes a peace system in a multiplicity of wayspeace system in a multiplicity of ways..

(1) Demilitarizing the nations(1) Demilitarizing the nations(2) Establishing unity in diversity(2) Establishing unity in diversity(3) Universal equality before the law(3) Universal equality before the law(4) Holding individuals responsible to the law(4) Holding individuals responsible to the law(5) Establishing reasonable economic equality worldwide(5) Establishing reasonable economic equality worldwide(6) Mandating equitable use of the world’s resources(6) Mandating equitable use of the world’s resources(7) Protecting human rights and due process of law (7) Protecting human rights and due process of law

worldwideworldwide(8) Establishing conflict resolution, education, and mutual (8) Establishing conflict resolution, education, and mutual

understanding programs worldwide.understanding programs worldwide.

3. World law is enforced by civilian based police with 3. World law is enforced by civilian based police with no military. The profound differences between all forms no military. The profound differences between all forms

of military and civilian based police.of military and civilian based police.

Civilian police:Civilian police: 1. Subject to the same law as all others1. Subject to the same law as all others 2. Transparency and civilian control2. Transparency and civilian control 2. Investigate 2. Investigate individualsindividuals suspected of suspected of

crimescrimes 3. Bound to due process of law3. Bound to due process of law 4. Minimum use of force necessary4. Minimum use of force necessary 5. Protection of due process of law5. Protection of due process of law

Military enforcement or security:Military enforcement or security:

Every one of the above five Every one of the above five requirements for civilian requirements for civilian based police is violated by based police is violated by military doctrine and practice.military doctrine and practice.

4. A founded system under the Earth 4. A founded system under the Earth Constitution Constitution (versus an evolved system)(versus an evolved system)

a. Evolution always must postpone the a. Evolution always must postpone the ideal forever into the future.ideal forever into the future.

b. A founded world order can be b. A founded world order can be premised on correct principles from premised on correct principles from the very beginning.the very beginning.

The Earth Constitution The Earth Constitution foundsfounds a world a world order on universal moral principles order on universal moral principles applying equally to all persons.applying equally to all persons.

5. World law is binding, and 5. World law is binding, and enforceable over all persons. enforceable over all persons. “International law” is not law“International law” is not law

a. Look at the UN website for international a. Look at the UN website for international law.law.

b. What is unenforceable, that from which b. What is unenforceable, that from which one can exempt oneself or withdraw one can exempt oneself or withdraw oneself, is not law.oneself, is not law.

The Earth Constitution creates democratically The Earth Constitution creates democratically legislated world law enforceable over legislated world law enforceable over individuals, and binding at all levels of the individuals, and binding at all levels of the Earth Federation.Earth Federation.

6.6. World law establishes world World law establishes world government.government.

Global “governance” is not governmentGlobal “governance” is not government

a. Today, policy is influenced and treaties made through a. Today, policy is influenced and treaties made through the influence of global financial institutions, global the influence of global financial institutions, global corporations, global NGOs, and national governments corporations, global NGOs, and national governments (through the U.N., etc.). The popular term for these (through the U.N., etc.). The popular term for these practices is “global governance.”practices is “global governance.”

Example: WTO rules or the Johannesburg Environmental Example: WTO rules or the Johannesburg Environmental Summit of 2002.Summit of 2002.

b. But these policies are profoundly undemocratic and b. But these policies are profoundly undemocratic and profoundly inadequate to the world’s need.profoundly inadequate to the world’s need.

The Earth Constitution creates real government, which The Earth Constitution creates real government, which means real democracy, not some shady, slippery means real democracy, not some shady, slippery immoral idea of “governance” that allows power immoral idea of “governance” that allows power relations and self-interest to influence the agreements relations and self-interest to influence the agreements reached.reached.

7. Enforceable world law versus 7. Enforceable world law versus moral idealsmoral ideals

Justice is a mere ideal unless it is Justice is a mere ideal unless it is concretely embodied in law concretely embodied in law enforceable over individuals. enforceable over individuals.

Human rights are just an ideal unless Human rights are just an ideal unless they are embodied in enforceable they are embodied in enforceable law.law.

U.N. Universal Declaration of U.N. Universal Declaration of Human Rights is just an idealHuman Rights is just an ideal

Article 25, number 1: “Everyone has the Article 25, number 1: “Everyone has the right to a standard of living adequate for right to a standard of living adequate for the health and well-being of himself and the health and well-being of himself and of his family, including food, clothing, of his family, including food, clothing, housing and medical care and necessary housing and medical care and necessary social services, and the right to security in social services, and the right to security in the event of unemployment, sickness, the event of unemployment, sickness, disability, widowhood, old age or other disability, widowhood, old age or other lack of livelihood in circumstances beyond lack of livelihood in circumstances beyond his control.” his control.”

Why is this not just nonsense?Why is this not just nonsense?

Article 25 of the U.N. Universal Article 25 of the U.N. Universal Declaration is violated world wide for Declaration is violated world wide for at least 4 billion of the Earth’s at least 4 billion of the Earth’s citizens. Like the rest of the citizens. Like the rest of the universal declaration, any “ideal” can universal declaration, any “ideal” can be simply ignored (while paying lip be simply ignored (while paying lip service).service).

The entire U.N. System violates The entire U.N. System violates article 28:article 28:

Article 28: “Everyone is entitled to a social and Article 28: “Everyone is entitled to a social and international order in which the rights and international order in which the rights and freedoms set forth in this Declaration can be freedoms set forth in this Declaration can be fully realized.” fully realized.”

The Earth Constitution establishes all these rights The Earth Constitution establishes all these rights

as enforceable world law. Article 28 says that as enforceable world law. Article 28 says that people have a right a real Earth Federation. It is people have a right a real Earth Federation. It is more than clear that the U.N. cannot satisfy more than clear that the U.N. cannot satisfy Article 28.Article 28.

8.8. World law institutionalizes justice World law institutionalizes justice and democracy. and democracy.

Justice and Democracy as procedural:Justice and Democracy as procedural: Justice is 90% procedural, just as effective Justice is 90% procedural, just as effective

democracy is 90% procedural:democracy is 90% procedural:

a. rules of decision-making for courts and legislatures as a. rules of decision-making for courts and legislatures as well as rules of due process:well as rules of due process:

b.b. rules of arrest, rules of treatment of suspects, rules of rules of arrest, rules of treatment of suspects, rules of processing the accused, rules of treatment of processing the accused, rules of treatment of prisoners or civilians, rules of evidence, rules of prisoners or civilians, rules of evidence, rules of prosecution, rules defining punishment, rules prosecution, rules defining punishment, rules protecting each person individually.protecting each person individually.

The Earth Constitution and provisional world legislation The Earth Constitution and provisional world legislation provide the concrete procedures necessary for provide the concrete procedures necessary for worldwide justice and democracy.worldwide justice and democracy.

The Earth Constitution as effective The Earth Constitution as effective World LawWorld Law

The Earth Constitution specifies the The Earth Constitution specifies the detailed rights in its Bill of Rights as detailed rights in its Bill of Rights as “inalienable,” that is beyond the ability “inalienable,” that is beyond the ability of government to alter or abolish them.of government to alter or abolish them.

The Constitution and the Provisional The Constitution and the Provisional World Parliament have elaborated rules World Parliament have elaborated rules and procedures for protecting due and procedures for protecting due process rights and hence for making process rights and hence for making justice a concrete reality, not a mere justice a concrete reality, not a mere ideal.ideal.

9. Justice and our common humanity: 9. Justice and our common humanity: unity in diversity and the principle of loveunity in diversity and the principle of love..

There is no justice unless it is planetary justice. There is no justice unless it is planetary justice. Justice for women here in Thailand is not Justice for women here in Thailand is not significant if it is being violated in Nepal, Tibet, significant if it is being violated in Nepal, Tibet, or Myanmar. or Myanmar.

There is no freedom unless it is planetary There is no freedom unless it is planetary freedom. As long as anyone is being tortured freedom. As long as anyone is being tortured anywhere on the planet, my humanity is being anywhere on the planet, my humanity is being violated.violated.

There is no peace unless it is planetary peace. There is no peace unless it is planetary peace. As long as war is going on anywhere on the As long as war is going on anywhere on the planet I am not at peace. planet I am not at peace.

Democratic world law is the Democratic world law is the political embodiment of lovepolitical embodiment of love

Ratification of the Earth Constitution Ratification of the Earth Constitution alone will bring justice, freedom and alone will bring justice, freedom and peace to the world, precisely because it peace to the world, precisely because it gives us effective world law, a peace gives us effective world law, a peace system rather than a war system.system rather than a war system.

The Earth Constitution is the political The Earth Constitution is the political embodiment of loveembodiment of love

Review of our 9 points:Review of our 9 points:

1.1. The purposes of world law.The purposes of world law.2.2. World law establishes a peace system.World law establishes a peace system.3.3. Civilian based police versus all military.Civilian based police versus all military.4.4. A founded, not an evolved systemA founded, not an evolved system5.5. World law is binding and enforceable over individuals.World law is binding and enforceable over individuals.6.6. ““Governance” is a lie without government.Governance” is a lie without government.7.7. ““Ideals” are worthless without enforceable law.Ideals” are worthless without enforceable law.8.8. World law institutionalizes justice and democracy in World law institutionalizes justice and democracy in

concrete procedures.concrete procedures.9.9. Justice, love, and democracy are universal concepts Justice, love, and democracy are universal concepts

involving our common humanity. The Earth involving our common humanity. The Earth Constitution is the political embodiment of love.Constitution is the political embodiment of love.

The Earth Federation Movement:The Earth Federation Movement:creating democratic world law under the creating democratic world law under the

Earth ConstitutionEarth Constitution