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SPEECHESbyHON'BLE CHIEF JUSTICES, JUDGES AND EMINENT PARTICIPANTSat the5TH INTERNATIONAL CONFERENCE OF CHIEF JUSTICES OF THE WORLDON ARTICLE 51(C) OF THE CONSTITUTION OF INDIAheld on 10th to 12th December, 2004--1--

5th International Conference of Chief Justices of the WorldObjectives of the Conference Address byMr Jagdish GandhiConvener of 5th International Conference of the Chief Justices of the World,Founder Manager, City Montessori School (CMS), Lucknow, IndiaWe have here among us many eminent personalities who are dedicated to the cause ofchildren, to the cause of world unity and peace and to the cause of emancipation ofhumanity, I heartily welcome you all.You have just heard appeal by children of City Montessori School on behalf of two billionchildren of the world as well as generations yet-to-be-born. As the biggest school withmore than 29,000 students in the City of Lucknow, they have a right to appeal and toplead the cause of world’s children. I hope their appeal would be given due considerationby the distinguished participants present here. The appeal is also meant for all politiciansof the world, for Hon’ble Justices and legal luminaries, scientists and technologists, menand women of letters, journalists, teachers the entire intelligentsia and also to the common men.Mr Jagdish Gandhi, Founder Manager,CMS and Convenor addressing theconferenceI established the City Montessori School in 1959 to impart education - education in its true sense, to children who have animpressionable mind, to imbibe in them good qualities, so that when they grow up, they may work for establishing a betterworld than what they themselves have inherited. The result is obvious, as you see that these children of CMS are pleadingand appealing before you to give them and future generations a better world order. Maria Montessori had said ‘Establishinglasting peace is the work of education; all politics can do, is to keep us out of war.’I am a teacher dedicated to imparting quality education and to develop in them such qualities which may make them workfor universal love, unity, understanding and co-existence. Keeping in view large stockpile of nuclear armaments, environmentaldegradation and terrorism, I am also worried about their future, their various rights, their safety, a safe future for them sothat they may work for development and prosperity and redeem the humanity from its godlessness, ignorance, confusionand conflict. The cause of children is dearest to me. Three years ago, I had received a letter from Grenada, West Indies,addressed by two children Nathanael Rodny Jr. and his younger brother Randy Ronael, then aged six and three years,appealing for children’s right to play, their right to rest, to be educated, to be loved, their right to eat and their right to livepeacefully. The letter brought tears to my eyes. Their letter represent voice of two billion children of the world. It will moveeven the hard hearted. Their plea has added to my determination and dedication to work for the right of children to a safefuture. The philosophy of CMS is ‘Jai Jagat’ glory be to the world and we believe in the ancient Indian concept of‘Vasudhaiv Kutumbakam’ which means ‘the earth is but one country and mankind its citizens.’ We are continuously strivingto work in this direction. I am in constant touch with children ever since inception of CMS and now we organise 16international events, in which children from many countries participate. During interaction with them I have found thatchildren have grave apprehension about their future, their security, peace and progress. Their concern constantly hammersat my heart. Therefore, I cannot sit quite and inactive. I feel that something concrete must be done.Lordships, I have high hopes from world judiciary, whose judgements are binding on the parties concerned, whosepronouncements are obeyed. Hon’ble judges with their dedication to justice, impartiality and regard to universal values andlaw are highly esteemed and trusted by all sections of society. Their pronouncements cannot be ignored, and there areexamples. One of the example is a judgement delivered by the Chief Justice of Philippines- Hon’ble Mr Justice HilarioG.Davide, Jr., in the case of Oposa Vs. Factoran, in which he has upheld the right of minors and those unborn to file apetition concerned with the right to a balanced and healthful ecology. I quote relevant part of the judgement here-“This case , however, has a special and novel element. Petitioner minors assert that they represent their generation as wellas generations yet unborn. We find no difficulty in ruling that they can, for themselves, for others of their generation and forthe succeeding generation, file a class suit. Their personality to sue on behalf of the succeeding generations can only be--2--

Participants of the Conference beingreceived by Mr Gandhi upon arrival atLucknow airportbased on the concept of intergenerational responsibility in so far as the right to a balancedand healthful ecology is concerned.”Hon’ble Justice Hilario G. David’s judgement states of inter-generational responsibility.That is why I speak of, and for, safe future for children and those to be born, that is futuregenerations.We have been propagating the ideas of oneness of God, unity of religious and universalbrotherhood among students and the public of Lucknow by various means, including byFloats on Independence Day. Then I thought of taking up the issue with the U.N. In thisbackground, CMS students on behalf of 2 billion children of the world collected nearlyone hundred thousand signatures in 1999 on an appeal to the Secretary General of the United Nations, Dr Kofi A. Annan,requesting him to initiate efforts to form World Government which alone can eliminate the danger of nuclear holocaust andalso ensure coordinated efforts at conservation of ecology and environment on a global scale.The appeal also drew the attention of Dr. Annan to the provisions of Article 51(c) of the Constitution of India, which, interalia, provides that “The State shall endeavour to...foster respect for international law”; but today there is no internationallaw which may be uniformly applicable to all the countries and peoples of the world. In the absence of enforceableInternational Law, there is total lawlessness as reflected in the increase in international terrorism, regional wars and continuedstockpiling of nuclear weapons of mass destruction and chemical and biological weapons.In reply Dr Kofi Annan wrote to CMS “People all over the world look to the United Nations to protect them — fromhunger, disease, violence, and natural disasters — whenever the task seems too big for the nations, or regions, to handlealone. But we at the United Nations can do nothing alone, either. Our strength is the strength of our member states, whenthey agree to act together for the common good.”Dr Annan suggested that leaders from all over the world would be coming to New York for the Millennium Summitscheduled to be held from 6th to 8th September 2000 and wrote, “Those leaders will be representing you, the peoples ofthe United Nations. It is up to you to make sure that they come here firmly resolved to take decisions which can lead to abetter life for all of us, and for our children. I am counting on you all.”As a prelude to the Millennium Summit, the United Nations organised a Millennium Assembly and a Millennium Forum.UN’s Millennium General Assembly devoted to discussing the challenges before the United Nations in the 21st Century, inagenda item 30 of the 53rd session recommended the formation of a ‘New International Economic and Political Order’.The Millennium Forum was a meeting of civil societies and NGOs and its declaration too was to form a part of the Agendafor the Millennium Summit. I was also invited at the UN’s Millennium Forum, held on 22nd to 26th May 2000 at U.N.Headquarters.At New York, while attending a dinner hosted by Indian Permanent Mission for Indian participants I learnt that the demandfor the ‘New International Economic and Political Order’ had been deleted from the Agenda of the Millennium Summit atthe behest of a veto power. In the Thematic Drafting Group VI on ‘Strengthening and Democratising the United Nationsand International institutions’, I proposed inclusion of the clause for establishment of a ‘New International Economic andPolitical Order’ in the Declaration of the Millennium Forum which was approved unanimously. The said declarationformed the agenda item of the UN’s Millennium Summit.As advised by Dr. Kofi Annan, I, on behalf of CMS students, wrote letters to all Heads of State and Heads of Governmentasking them to support the call for a ‘New International Economic and Political Order’ at the Millennium Summit. But at theMillennium Summit, no decision was taken by world leaders on the formation of a ‘New International Economic andPolitical Order’ that could lead to the elimination of the huge stockpile of nuclear armaments, ensure global peace andprosperity and ensure globally coordinated ecological and environmental conservation. But at the Summit, all the world--3--

Hon’ble Mr H.R. Bhardwaj, Union Ministerfor Law & Justices, Government of Indiawho inaugurated the 5th InternationalConference as Chief Guest speaking toMr Jagdish Gandhileaders emphasized on lesser important issues that suited their individual countries.When the children’s heart-rending appeal to safeguard their future failed to elicit a positiveresponse from the United Nations and the political leadership, I, as the self appointedguardian of the welfare of world’s children, was deeply disturbed and could not decidewhom to approach next.I then discussed the children’s issue with Hon’ble members of judiciary in which ittranspired that the provisions of Article 51clause (c) of the Constitution of India, may actas a beacon for cooperation, co-existence, world unity and world peace which alonecan safeguard the future of world’s children.After such consultation, I first convened a Roundtable Conference on Article 51 of the Constitution of India on 14thJanuary 2001 which was inaugurated by Hon’ble Mr Justice Syed Saghir Ahmed, former Judge of the Supreme Court ofIndia, to consider the issue. Thus began a series of deliberations.Then I approached Hon’ble Mr Justice R. S. Pathak, former Chief Justice of India, former Judge, International Court ofJustice, Member, Permanent Court of Arbitration (The Hague) and Hony. Member of the Bench, Gray’s Inn, London anddiscussed the issue of mobilizing the support of the world judiciary for the children’s cause. Mr Justice Pathak admittedthat the judgements of the International Court of Justice were often ignored. This brought out the facts of non-enforceabilityof present international laws and the urgent need for ‘Enforceable International Laws’ which only a legally-constitutedWorld Parliament can enact.Under the patronage of Mr Justice Pathak, a national-level Seminar on Article 51 of the Constitution of India was convenedon 25th February 2001. Speakers enthusiastically supported the children’s Right to a Safe Future and the need for a‘New International Political and Economic Order’.The success of the national-level seminar inspired me to convene the 1st International Conference on Article 51 of theConstitution of India which was held on 6th May 2001.The heartening response from the international judicial fraternity reassured all about the support for the children’s causeamong the world judiciary. The point was, how to translate this support into a movement. Since the Chief Justice of a Stateis the head of its Judicial wing and commands a respectable position vis-a-vis the head of its Executive wing or theLegislative wing, it was decided to appeal directly to Chief Justices of the World. Therefore, I convened the 2nd InternationalConference of Chief Justices of the World on Article 51 of the Constitution of India on 23rd December 2001 and then the3rd and 4th International Conference of Chief Justices of the World on Article 51(c) of the Constitution of India held from6th to 8th December 2002 and from 12th to 14th December, 2003, respectively, in which Chief Justices, Ministers of Lawand Justice and protagonist of peace participated. They supported the call of students of CMS, on behalf of world’s 2billion children, for constituting a duly constituted World Parliament for enacting enforceable international law, so that aNew International Political and Economic order may emerge and future of worlds children born and yet to be born issafeguarded.As we all know the United Nations has also failed to fulfil the objectives for which it was primarily formed. In the five anda half decades of its existence, the UNO has seen more people die in numerous wars all over the world, than had died inboth the world wars combined. The UNO also saw the nuclear countries build up massive stockpiles of nuclear weapons,said to be over 36,000 warheads strong. Moreover, 80 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 farshort of the expectations of its founding fathers, as the basic need for a civilized society is peace and a safe future forchildren. Afghanistan and Iraq have witnessed horrible torture. This can never be overlooked, the whole world is aghast.--4--

Dr S.C. Rai, Mayor of Lucknow withMr Jagdish Gandhi at the ConferenceMany great leaders and thinkers of the 20th Century, Albert Einstein, Jawahar Lal Nehru,Winston Churchill, Peter Ustinov, Robert Muller, Emery Reves and Sri Aurobindo andmany others have in their utterances, favoured a World Government.Perhaps the choice before all who inhabit this earth, is whether the unification of humankindwill happen after unimaginable horrors precipitated by humanity’s stubborn clinging to oldpatterns of behaviour, or is to be embraced now by an act of consultative will.The children’s last hope rest with the World Judiciary, for, Judges are the only ones whoare trusted and respected by all, the masses as well as the classes. As the consciencekeepers of mankind and as the custodians of the welfare of humanity’s silent masses, it is for the World Judiciary to comeout and deliver a public judgement on the urgent issue of global governance. The voice of a united World Judiciary cannotbe ignored and shall have to be heard and obeyed by all. Please unite for the sake of humanity’s survival, for the sake ofworld’s two billion children and for the sake of Justice for all and for the sake of a New World Order that is more just,democratic and egalitarian and that is fully capable of safeguarding the rights of the world’s children, born and yet-to-beborn.I once again thank all the Hon’ble Chief Justices and Justice, eminent personalities, legal luminaries and all the participantsfor participating in this conference and hope that your voice will be heard and help bring in a new Political and EconomicOrder and a duly constituted World Parliament for enacting enforceable international law, in the interest of safe future forchildren, born and yet-to-be born. Thank youMr Jagdish Gandhi , Founder-Manager of CMS speaking to Dr Murli Manohar Joshi,Minister of Human Resource Development, Science and Technology, Government ofIndia, on the occasion of presentation of UNESCO Prize for Peace Education 2002 toCMS at Paris on 23 rd September, 2002--5--

5th International Conference of Chief Justices of the WorldIntroductory Address byHon’ble Mr Justices Ashok A. DesaiFormer Chief Justice of Uttaranchal High Court, IndiaChairman of Preparatory Committee of the ConferenceThe jurisprudence of Article 51, it were then used as most rhetoric than the realistic. Thearticle mandates the state to endure to foster respect for International Law. It was thennever believed to be a reality but in the course of time that article has become a source ofinspiration for this conference and now this conference is with the objective to make themandate given by the constitution to the Indian subcontinent as a global pursuit. Whiletaking note we have realization which is a predicament of the day that on one planet wehave got many or several worlds. We have got different purpose of living but we havelost the purpose of life. We have developed a toxic aptitude for Veto power and in ademocratic setup we have got undemocratic tendencies. This is a potential source forglobal catastrophe.Hon’ble Mr Justice Ashok A Desai, FormerChief Justice of Uttaranchal High Court,India addressing the ConferenceLadies and Gentleman: The conference has a mission for the unification of the human race and vision for the homogeneityof global fraternity. To accomplish this objective, the conference has traced to develop universal values and globalunderstanding. To reach this goal the conference has earlier addressed on the World Parliament, World Judiciary, andWorld Government that is a single statehood. In 2002 the Lucknow Declaration adoptedin the World Chief Justices Conference, has prayed for World Parliament to enact‘Enforceable International Law’ but the conference is not unmindful that this civilized worldhas a tremendous fascination for law but hardly in a mental aptitude to accept theresponsibility of the law. World Community today isflooded with too many laws and it is said about India thatIndia is highly legislative country. It is said that nothing isHon’ble Mr Justices Ashok A. Desai,Former Chief Justice of UttaranchalHigh Court, India being garlandedmore fertile in the subcontinent than the Legislature andnothing is more durable in this country than the litigationin the court. The plight of the world community is thatthey have got too many laws, too many lawyers, too manylaw courts but agony is they have got a too little justice. We have enough privateInternational Laws, Public International Laws but regime of International Law is a distinctdream. Steven Doorman has once said that ‘A process of integrated law is on decline’.This conference takes note that the performance of any law, and in that matter eveninternational law, cannot be left to the words of law and power to punish. We have todevelop along with the law, strong will of the people, courage of conviction andcommitment to the truth and honesty. On these pillars we can built up the meaningfulrhythm of International Law.Hon’ble Mr Justices Ashok A. DesaiFormer Chief Justice of UttaranchalHigh Court, India at the ConferenceLadies and Gentlemen: We have assembled with a fond hope that let us construe today that regime of EnforceableInternational Law and let us go from here that tomorrow it will be a reality of the day.The past is prophetic in that it asserts loudly that wars are poor chiselsfor carving out peaceful tomorrows.—Martin Luther King, Jr.--6--

5th International Conference of Chief Justices of the WorldWelcome Address at the Inaugural Session byHon’ble Mr Justices Bhanwar SinghJudge of the Allahabad High Court Lucknow Bench, IndiaGlobalization’s challenge is an adjustment can also be harsh for workers in least developedcountries who are excluded from the global economy’s main stream. The paradox is thatthe knowledge, skills and means are available to sharply reduce the age old affliction ofhunger, precarious livelihoods and diseases. But they are scattered around the worldconcentrated in developed countries and must be put together to deliver better result forall. One result is that world unemployment is at the highest level particularly among you.More than one billion people are unemployed or working poor, youth unemploymentreached an all time high of 88 million in 2003. Young people makes up 25% of theworking population but almost half of them are unemployed. What are we doing? Whatmore can be done? To answer these questions we need new thinking to bridge up thegap between what globalization is capable of delivering and what it has actually delivered.National frontiers do not separate people as much as they did in the past because the world is quickly becoming aninterconnected network of local communities. Many Indian people have direct experience of ‘What it means to be a GlobalEconomy Worker’, be it in Silicon Valley, the Gulf, Africa, Europe or back home. New information technology jobs arehelping to raise the living standard in several Indian cities, but there are uncertain economic troubles near or far, which couldaffect those jobs with all the attendant consequences for the people involved. Increased percentage of unemployment hasaccelerated the poverty around the world. Globalization has no doubt opened up new opportunities for poverty alleviation,but it comes with its own baggage of problems. Smaller undeveloped countries are not getting additive benefits fromglobalization. In some cases the globalization has become an instrument of oppression and separation and also exploitation.In this scenario of things world legislature like entity with Enforceable International Law can remedy the situation.The world has transformed itself into a small village and happenings in one part is bound to cast its impact on the other. Onepocket of population cannot sustain its riches too long if the other pocket is of the men that are deprived of that lot.Destitution in one part and prosperity in the other cannot survive together. We have one Earth and the resources belong tothe whole human race. There must be equitable distribution of resources, this can only be possible under the auspices ofInternational Law which needs more teeth i.e. scope and wider jurisdiction. The International Law of today must not bindthe global generations of tomorrow. Law whether National or International must keep on changing to keep pace with themodern times. As the American statesman Jefferson said once ‘We may consider each generation as a distinct with a rightby the will of majority to bind themselves but none to bind the succeeding generation more than the inhabitants of anothercountry’. Drug trafficking is yet another gigantic problem of the mankind which is required to be strongly dealt with by allnations in their collective efforts. Issues are many more, like corruption and global nudity which accept your mind for takingrecourse to application of International Law. Such topics should also be on our priority for a decent and peaceful essentiallife for the mankind.Ladies and Gentlemen: Our country has always been pioneer of establishing peace. Our government is capable of raisingthe voice high in the real view of the world and tapping all sources to make International Laws on all issues of importanceand further strengthening the United Nations Organisation. Under the able stewardshipof Hon’ble Law Minister, Mr H.R. Bhardwaj, who is the chief guest of this conferenceand is likely to arrive here shortly. A periodical conference of Chief Justices and ChiefMinisters is held in New Delhi and very important deliberations are made and decisionstaken. In an analogue of spectrum, may I suggest to whole conference of the ChiefJustices of the world and the Prime Ministers and the Presidents to discuss the framing ofthe common laws on International subjects of common interest.Hon’ble Mr Justice Bhanwar Singh, Judgeof the Allahabad High Court, LucknowBench, India being presented withMemento of the ConferenceHon’ble Mr Justices Bhanwar Singh, Judgeof the Allahabad High Court LucknowBench, India addressing the ConferenceIn the end I would like to express my sincere thanks to the visionary of this conferenceMr Jagdish Gandhi for having afforded me an opportunity to deliver the welcome addressto a rare assembly of distinguished legal luminaries.--7--

5th International Conference of Chief Justices of the WorldInaugural Address byHon’ble Mr. H.R. BhardwajUnion Minister for Law and Justice, Government of IndiaI feel a great privilege to extend a very hearty welcome to all our guests who havearrived in India on the invitation of Mr Gandhi to attend the 5th International Conferenceof the Chief Justices of the World to take a pledge on Article 51 (c) of the Constitutionof India. I congratulate Mr Gandhi, his staff and students for organizing such a wonderfulfunction. It is indeed appropriate that Mr Gandhi has heavily relied upon Judges in orderto promote peace and friendship because judges do not speak the language of diplomacy.Judges and Lawyers have a continuous work and as a matter of fact all of them strugglefor dispensation of justice and uphold rule of law and only the judges can declare “Beyou ever so high you are not above the law”. This is a message which is acceptable to thehumanity at large. Article 51 is contained in the ‘directive principle of state policy’ in ourConstitution. We have argued in India between the fundamental rights and the directiveprinciples, there is a history behind it. I will not take your time to remind what has happened when the struggle between thefundamental rights and the directive principle started and where it ended. It ended exactly in erosion of Parliament powerin India. There was a time when the directive principles were the guiding principle of the state policy and the Supreme Courtaccepted it. But as the time marched, this philosophy of accepting the directive principles, that the guiding star of the destinyof the nation, is no more seen in the judgments of the Supreme Court. It has changed, but the fact remains the FoundingFathers of India were great visionaries. They had seen the world, they had seen the World War I, they had seen the WorldWar II, and they had seen several revolutions, several struggles, and several changes. They had known Magna Carta, theyhad known rights of man, they had known the different struggle for freedom of various countries and they were deeplyimpressed and impressed because India is a great civilization. Our part has been from the ancient time the part of ‘Dharma’and if one can find equivalent of ‘Dharma’ in English it is the cause of rightousness that is what prevailed in ancient India andthat is why the first thing we say is ‘Satyamev Jayate’ Truth prevails and we further take this, truth is God, truth is beauty‘Satyam Shivam Sundaram’. So Indian civilization attaches great significance to the world family. Even the ancientscriptures the Vedas, the Vedantas they say, I give briefly a quotation from Sanskrit,Aham nijah paroveti garana laghu chetsaamUdar charitana antu vasudhaiv kutumbakumThis is mine, this is not mine, is the thinking of petty minds. The large hearted people take the world as one family. So, it isin our scripture that we say the world is one family. The first showcase from Isaa Upnishad, which is a part of Vedanta’s,Isavasyam idam sarvam yat kinchaya jagatyam jagat,Tena tyaktena bhunjithah ma gridhah kasyasvid dhanamHon’ble Mr Hansraj Bhardwaj, UnionMinister of Law and Justice, Governmentof India addressing the ConferenceIt says that not only this world, this and the other world, the galaxies and galaxies, they are all dominated by one God,‘Laillah illilah Mohammaddur Rasul Allah’. The God is one which prevails the whole universe and therefore you have tolook only to the God in true lights. It does not separate. Therefore, you should be contended what is given in destiny to youby God. This is our ethos that is why our founding fathers added Article 51. We do not want to fight, we want to assimilate,we want to cooperate, we want to unite, that is the philosophy of the Indian civilization.The second one great message that India has given to rest of the world ‘Tamaso ma jyotirgamaye’. Vedanta gave; lead mefrom darkness to light. What is darkness? Darkness is ignorance, light is knowledge. India stands for knowledge and Godsays spread the knowledge to the entire humanity. The first part of Vedas says, ‘Oh mankind, I am creating you to spreadknowledge throughout the world. I am making you alike’, everybody has a nose, everybody has eyes, and everybody has--8--

Mr. Gandhi presenting Memento of theConference to Hon’ble Mr. H.R.Bhardwaj, Union Minister for Law andJustice, Government of Indiaears. God has not discriminated between man and man, He creates them alike and Heordained that you should spread knowledge. But, we are not spreading the knowledge;we are not saying the truth, we are not speaking the truth. That is why all this fallacies inthe world order. The whole philosophy of India which Vivekanand propagated all overthe world, are two sentences ‘Utthishthitah Jagratah’. Oh mankind, awake and arise.What is awakening and what is arise? All the movements of freedom which India hassupported, whether it is in African continent or elsewhere. It is based on the principlethat man cannot be a slave of another and that is why U.N. Charter says. All are bornequal, you may be big nation, you may be a small nation but as a nation you are all equal.There is no big or small in the eyes of God, He treats them all equal. If the God has notcreated everybody equal He will create many-many suns. There is only one sun whichshines over the globe and God has put this sun in such orbit that it gives warmth to the entire humanity, it does notdiscriminate. So, that is the philosophy in which India has believed since ancient times and our Founding Fathers were greatvisionaries, again I am saying, they were influenced by the scriptures of India and I tell you not only the Indian scriptures isnot one, we have finest of Vedas, we have finest of Islam. It is Islam which brought equality to India. It is Article 14 directlyderived from Islam, equality no duality. Then these all compassions, tolerance they are all from the precepts of Jesus Christ.We have the finest of Christianity; we have the finest of Buddhism, we have finest of Jainism and that is why this is a greatcivilization. It is here Rabindra Nath Tagore said, ‘We do not want to go by the dry reasons or explanations, we will receiveeverybody with warmth because the Vedas says that the knowledge should be welcomed from all directions’.‘Tanobhadra’ all these principals take us to one message tell us only one message peace, tranquility, friendship, unity,cooperation, tolerance and compassion. Note to know that there are no two opinions about these virtues and essentiallythese virtues form the core of all religions, all scriptures. It is we when we distort religion, religion is very powerful weapon,it can be very-very purifying your soul, but if you distort religion it will be the most dangerous weapon for mankind.Therefore, what we say is treat all equal, treat everybody with compassion because God is tolerant and compassionate sowe should follow the example of God who is the creator of all of us.Now, turning to the role of judges, everybody knows that the judges and the lawyers all over the world are united. Why arethey united? Because we are not diplomats, distortionists. You can see in the most difficult time the Judges and Lawyersspeak the language of law. They do not know any other language, be it in any part of the world. They always say what theirconscience and conviction tell them. So, they are the purest form of mankind and that is why they have courage, they havecommitment to truth and justice is truth and quest of all the judges is truth; discovering the truth. Therefore, they are thepersons who can bring peace. But they are very small in number, they don’t have weapons. Their only weapon is what theyexhort to mankind. But I am very happy that in all constitutional societies, Judiciary has been given a very important role, arole of arbiter and our Founding Fathers have given such a powerful weapon in the hands of judiciary in India. They canannul any Act of Parliament even the constitutional amendments. They can set aside any order of the executive, be it be thePrime Minister or a Minister. They can look into the actions of all organs of the state and correct them wherever thecorrections are necessary. They have huge responsibility and I think so that on these principles there is unanimity and worldconsensus that the Lawyers and the judges must be independent. They should not be dependent on any part of state, anyorgan of the state and when you give this responsibility to judges I think the world is safe in their hands. I can only say thatif peace will ever come, it will come through the mouths of judges or nowhere, no ministers, no diplomats. I was a memberof an organization a long time back, it was an American organization ‘World Peace through Law Center’. We participatedin several conferences and thereafter I think it faded away, the organization doesn’t exist. I think this movement of MrGandhi is far stronger than any other organization that I have attended so far.Initially your voice may not be heard by Dr. Kofi Annan or any other diplomat who do not act properly at right time. Weshould not discriminate between the nations and nations. If there is a poor nation, if there is week nation-financially oreconomically, so they should not be treated as the second grade nation. All nations are represented by their people andtherefore all the nations are entitled to equality and equal treatment of United Nations. Unfortunately this is not happening.--9--

United Nation has failed many a times in performing its duty at proper time, otherwise the World Wars all over the worldwould not happen there. We should do something to strengthen the United Nations, otherwise it will have the same fate asthe League of Nations. People are looking to you, I don’t think any powerful country will allow another World Parliamentto emerge because when they say that the law is what we say that means they alone know the truth that none other is true.This is not what a civilized country will accept. We accept equality and fraternity and brotherhood, nothing else. So,therefore I congratulate all the Judges, all the Lawyers, organizer, students and other participants who have taken keeninterest in organizing this conference. I am very happy that it has got stronger and stronger every year and this is the fifthyear and we will through some light as to how we can bring peace and prosperity in the world and better treatment for ourchildren. Weapons cannot bring peace because they take away most of the resources of the poor nations. So, all theseideas you will have the opportunity to discuss here and I am sure you will be giving directions to the society all over theworld. We have seen in India, I will take one more minute how our Supreme Court, when I was in practice, I was practicingin 1980, five years, the Supreme Court has introduced the Doctrine of Human Rights in several cases starting fromBhagalpur 1977 case, Haseena Khatoon case, then Sunil Batra case, then Bandua Mukti Morcha case. I think the courtsall over the world do this job locating the poor people and relieving them of their miseries and hardships. On a larger scalethe International Community of Lawyers and the Judges will do something to chain down those people who do not acceptthat there should be brotherhood and equality of nations. We have a very important decision, you know earlier in 1987-86when our own friend Dr Nagendra Singh handed out that famous Nicaraguwa case and fraternity of Lawyers and Judgesunitedly defended the case in one of the International Law Conference, that is what we require to create a powerful voicefor weak. The powerful voice for the weak, the powerful voice in support of the weak because weakness is the greatestdisease with which we are suffering. Thank you very much.--10--

5th International Conference of Chief Justices of the WorldAddress byH.E. Mr T.V. RajeswarGovernor of Uttar Pradesh, IndiaChief Guest at the Welcome FunctionHon’ble Mr Justice BJ Odoki, Chief Justice of Uganda, Madam Justice Anita Usacka,Mr Justice AK Mathur, Lord members of Judiciary from abroad, Shri Jagdish Gandhi,Ladies and Gentleman. When Mr Jagdish Gandhi, the convener of this conferencerequested me to be the Chief Guest at the welcome function in honour of the participantsof the 5th International Conference of the Chief Justices of the World and apprised me ofthe proposal to hold a discussion on Article 51 (c) of the Constitution of India and alsodiscussed the desirability of an Enforceable International Law by a World Parliament,mixed emotions were rising in my mind. Article 51 (c) of the Constitution of India laysdown that the state should endeavour to foster respect for International Law and treatyobligations in the dealing of organized people with one another. This sub-section of Article51 should in my view be held in the whole context of Article 51 which speaks of promotingInternational Peace and Security, maintaining just and hounarable relations between nationsand encouraging the settlement of international disputes by arbitration.H.E. Mr T.V. Rajeswar, Governor ofUttar Pradesh, India addressing theConferenceI would therefore request this august body that all the 4 sub-sections of Article 51 of the Constitution of India may be takenup for deliberations in the context of the proposal to evolve an Enforceable International Law by a World Parliament.Idealism is a desirable thing, dreams and hopes may also be understandable human feelings but how far this can be evolvedas a practical measure in pragmatic world, the countries of which has their own agenda is a different matter. In fact, whenMr Jagdish Gandhi mentioned his subject of Enforceable International Law, I told him that it appears to be an oxymoronand such an idea was clerical. Idealism as enshrined in Article 51 of the Constitution of India may be excellent by itself butit has no impact on the thinking and action of other countries, particularly the powerful ones of the world. MahatmaGandhi’s concept of non-violence might have influenced Nelson Mandela and both Mahatma Gandhi and Nelson Mandelamight have influenced Martin Luther King.Their passive resistance on moral strength and anormous respect which they command among their respective followershave lived to abolish racial discrimination but expecting these moral concepts and ideals to change the thinking of thepowerful nations of the world appears to be illusory. Looking at the idea more closely on the international level, where doyou begin and how do you enforce? Will you take up from the intervention of powerful nations in Egypt, you think ofnationalisation of Suez Canal? Would you take up the Vietnam war? Would you consider the overthrowing of legallyelected government in certain countries by powerful ones? Would you deal with trade embargo of sovereign countries bymore powerful nations because they follow a different political philosophy? Would you be able to produce viable answersto these questions at a different level? Under what International Law could be an elected President of a sovereign countrybe held a prisoner and prosecuted for alleged war crimes? Was intervention in Kosovo with UN sanctions justified? Andnow more importantly is doctrines of pre-emptive strike permissible under International Law?Why are some of the powerful countries interfering with internal problems of some East European countries whose electionare sought to be influenced by external forces. On the economic front how would you make powerful countries to sign upKYOTO protocol which is in larger interest of the developed countries? Would you be able to prevent the extension ofheavy farm subsidies to settle farmers in rich countries at the cost of poorer African countries whose cotton growers areunable to sell their products? Would you be able to enforce Amnesty International’s plea for ensuring redress to survivorsof Bhopal Tragedy? The International Community of Red Cross had charged Guantanamo military authorities for methods,tantamount to torture. The Supreme Court of United States had not intervened in the matter till recently. What preventedthis august body from taking suo motu notice of the horrid breach of the human rights in its own neighborhood? How willyou enforce the most powerful nations to ratify the International Court even though it was initially signed? Under whatprovisions of International Law can any sovereign nation be coerced into signing a treaty not to try foreign nationals orcomponents who may commit crimes in its own country?I can go on and on but I don’t wish to do so lest it may become treatise in criticism. My purpose in pointing out to theseglaring incidents of injustices is to highlight the fact that today some of the powerful countries only prove the simple commonprecepts that might is right. However, if the laureates assembled here are able to elect a World Parliament and adopt anEnforceable International Law that would indeed be a great achievement and I wish all the best. Thank you--11--

5 th International Conference of Chief Justices of the WorldAddress byHis Excellency Mr V.S. KokjeGovernor of Himachal Pradesh, IndiaOur Chief Guest Honorable Mr Hans Raj Bharadwaj, Union Minister for Law and Justice,Honorable Justice Mr A.K. Mathur, Judge, Supreme Court of India, Legal Luminariesfrom over 80 nations of the world led by of course Shri Justice Weeramantry, Ladies &Gentlemen and beloved students of CMS, Lucknow.It is indeed a privilege to attend an International gathering of Judicial Luminaries of theworld community and also eminent judges and legal luminaries from India. The theme isalso enchanting, Article 51(c) of the Constitution of India on which this conference isdeliberating exhorts us to endeavor for not enforcement but for fostering respect forInternational Law. A law which cannot be implemented or enforced can be respected intheories. We have to bring it in practical domain and this is the challenge before theInternational community today.His Excellency Mr V.S. Kokje, Governorof Himachal Pradesh, India addressingthe ConferenceMr Gandhi who is the spirit behind this movement has been saying that the last hope in this endeavor is from the Judiciary.What I feel is that though the Judiciary has a limited role because in all civilized societies the rule of law is the acceptedconcept and the rule of law requires even the judges to be under the law. Nobody is above the law and even the judiciaryis not above the law; and therefore, by and large, the judges have to interpret and enforce the laws made by legislatures oftheir countries. To expect them to make laws and to enforce them is a difficult proposition. But it is also true that throughoutthe world the judiciary has been molding the law in the interest of humanity. Our own courts have been very active on thisfront and they have been interpreting the law in such a manner that it sub serves the public goal.Now, therefore what can we do, the judges have a tremendous influence over the society and social thinking today. Theyhave tremendous impact on the body politic of the country and therefore whatever they say will be respectfully taken by thesociety. And in this direction therefore judges can do much. They can create a public opinion; they can create an atmospherein which International Law is respected. Now, that is the role of judges, but what Mr Gandhi has been doing is much moreimportant i.e. to make the children aware of International Law. That can be done by small castes and tribes, in small areas.Why cannot the world communities think of having such laws which can be enforced because of the sanction of the publicopinion or because of the fear of excommunication that means boycott, economic sanctions or any other sanctions? I leaveit to the luminaries assembled here to deliberate on these things and I congratulate the City Montessori School, Lucknowfor having arranged this great conference, its 5th year. I have been hearing about it but I didn’t have any occasion to attendit earlier. This time Mr Gandhi persuaded me to come here and I am glad that it is a good experience. I congratulatestudents of CMS who had put up such a good entertainment show yesterday. This shows that even the small children if theyare properly inspired can do wonders.The world is going up in flames - shower it with your mercy and save it,and deliver it, by whatever method it takes. The true guru has shown theway to peace, contemplating the true word of the shabad. Nanak knowsno other than the Lord, the forgiving Lord.—Guru Granth Sahib, pg no. 858--12--

5th International Conference of Chief Justices of the WorldKeynote Address byHonorable Mr Justice C.G. WeeramantaryFormer-Vice President, International Court of Justice, The HagueIt is a tremendous pleasure for me to be able to address you on the subject of InternationalLaw and the way in which we can make the International Law obeyed by all countries ofthe world, rich or poor, great or small, it does not matter. One law must apply to all nationsthroughout the world. Now, it is interesting that, first of all meeting in this historic city ofLucknow it is useful to recall the ancient Indian tradition on International Law. The Vedaswere very clear that the ultimate sovereign of the world will not be a ‘Chakravarty’ or a‘Universal Manav’, not Alexander or Ceaser or Napoleon, the ultimate sovereign of theworld will be ‘Law’ and in praise they use the beautiful expression which I often repeat inthe lectures I give across the world. The Kingless authority of the law, that is, it is not ahuman being that is the ultimate sovereign of the world it is the ‘Law’, the law will besovereign, the law will be respected, the law will be obeyed and what more beautifulHon’ble Dr Justice C G Weeramantary,Former Vice President, InternationalCourt of Justice, the Hague, addressingthe Conferencedescription of International Law than that. So, that is the idea which the ancient Hindu scriptures has set before the worldand they were probably the first in the world to record that in that beautiful form that the ultimate sovereign of the world towhom all obedience needs to be paid is the ‘Law’. Now, that law of course extends from the highest moral principles whichhumanity is heir to, from all the traditions of the world because all the principal religions teach ‘Peace’ as a central themeand speaking again about the Hindu Law, they have references made by the Minister of Justice as well as by Mr Gandhi toIndian history and Indian scripture.There was a case that came before the International Court of Justice on a reference by General Assembly to give the worldan opinion on the legality of the nuclear weapons. In that case all the Judges condemned the nuclear weapons but there wasa slight disagreement between the majority and the minority. I was in the minority in relation to whether nuclear weaponscould be used in an extreme circumstance of self defense. I said and I wrote this judgment to this effect ‘Nuclear weaponsare illegal in any circumstances whatsoever because you cannot use the weapons of such lethal destructive power’. Therewas a dispute between the parties and I reinforce my conclusion by scriptures from across the world and one of the writingsI refer to was the ‘Ramayan’ because in the Ramayan in the conflict between Rama and Ravana that was refered to by MrGandhi, in that conflict Rama was advised at a certain stage that a hyper destructive weapon was available but could not beused, he was told that he should not use this, so great was respect of International Law, ‘You should not use this withoutfirst consulting the sages of the law’, so the sages of the laws were consulted and they said ‘You shall not use this weapon’,‘Why? Because it goes beyond the purposes of the war, the purpose of war may be to subjugate your enemy but thereafteryou live in peace with him, not destroy him, ravage country side and cause untold damage for generations’. So Rama didnot use the weapon although it was available; and I cited that as an example from ancient Indian tradition of the unavailabilityof the hyper destructive weapons.There you find the way in which the International Law can fertilize itself from the thinking of all the great traditions of theworld. Now that is Hinduism; whereas Buddhism has its tremendous tradition of peace, compassion for all beings and totalabolition of violence as a method for the settlement of disputes. When I was in the International Court, I thought it might begood to remind the judges as well as the general public of this ancient Indian tradition and I initiated the idea of having abeautiful bronze sculpture made of Lord Buddha settling a dispute between the two warring tribes and their chieftains breaktheir swords at his feet and that sculpture now hangs outside the chambers of the judges at the International Court of Justicein Netherlands. So, that again is a Buddhist tradition and of course Emperor Ashoka was wonderful embodiment of thatand as you know that it is very well said among all the supreme highness and majesties and serene highness of the world,the name of Ashoka shines like a shining star. Ashoka embraced Buddhism and all its tradition of non-violence, so war isanathema to Buddhism and that is what we got to ingrain in International Law. Then, as far as Islam is concerned, very oftenit is forgotten that the first major treaty’s writers in the International Law were the Islamic jurists. The west thinks ofGrocious the 17th century Dutch jurist, as being the initiator of Modern International Law, but 800 years before Grociousthere were these elaborate texts written by Islamic jurists containing all the basic principles of Modern International Law,the sanctity of treaties,how do you treat prisoners, how you treat diplomats, how do you even handle the correspondence--13--

Memento of the Conference beingpresented to Hon'ble Mr Justice C.G.Weeramantaryof prisoners of war because the Prophet had said that you should send it back to theirhomes across the line of battle. So, all these modern traditions of the Prophet and sayingsof the Quran such as the sanctity of treaties for all the subject of elaborate juristic commentarywhich became embodied in treaties on International Law which appeared 800 years beforethe west even knew of a discipline of International Law. Likewise, in Christianity there istremendous tradition of peace. Christ is described through the ages as the ‘Prince ofPeace’ and Erasmus, the great philosopher of the Renaissance said ‘What did Christ teachbut peace’ that was the central theme and Erasmus wrote about peace, describes peaceas the sought of lady who is trying to find refuge in some human society. She goes to theSenate house of the country, she is driven away. She goes to the assembly where thediplomats are, she is chased away. She even goes to the family, she is chased away andErasmus says ‘Why is this in this country in this Christian age we are chasing away peace, when peace is the central themethat Christ taught us?’ So, in all these religions and of course the same applies to all the main religions Sikhism, Jain religion,Bahai faith and so on, all of them elevate peace as the central theme and that is what we have got to incorporate intoInternational Law and that is what we are not doing and I have tried my best to universalize the International Law, to breakit out of its monoculture Eurocentric mould and to show the world that there are rich traditions be it from Africa, Melanesiaor Polynesia or India or wherever it might be that can fertilize the body of Modern International Law.Now, why is it that we do not have more reorganization of international Law. If you look at the history of Europe, I’ll takeyou very briefly through this. In the history of Europe you find that there was a church and the holy Roman Empire and soon, and they held Europe together for a long time and there was a overarching moral law. The moral law taught by thechurch. Then what happened, there was a terribly destructive war from 1618 to 1648 known as the 30 years war, itdestroyed Europe as no other war had done before and people watching the destruction that was going on because religionwas fighting religion in the 30 years war. They were thinking to themselves, now, it is the authority of the Pope breaks downand the authority of the Holy Roman Emperor breaks down, so many new countries will be released into the worldcommunity with nobody to protect them. The law of the jungle will break loose when all these institutions get destroyed.So, Hugo Grocious the Dutch jurist produced in 1625, his epoch making work “The law of war and peace” because heanticipated that with the break down of old authorities when these new fledgling states got realized into the world communitythey would be defenseless unless there was some system of higher law to protect them and therefore he wrote his book‘War and Peace’ which is considered to be the founding book of Modern International Law. Grocious was a wise man, hewas a thoughtful and caring man and he wanted to protect these new states from the law of the jungle because otherwise,he said ‘Without International Law you will have the law of the jungle among these new states’. But people never learned,Grocious tried very hard to get these doctrines accepted, it did not work and war broke out again and again and again andwe had the tremendous catastrophe of the Napoleonic war and the whole of Europe was devastated again. Hundreds ofthousands, if not millions, were killed and then came Waterloo the defeat of Napoleon in 1815. Every body said we mustnow have a world free of war and there were peace societies started throughout the world. There were infact in the 19thcentury, 400 peace societies drawing the inspiration from various religions, from the writings of the philosophers likeTolstoy, from the Theosophical movement and so on and they made a tremendous impact but still they could not reachthrough to the centers of power because the world of philosophy and good will and peace is looked upon with a cynicalsmile by the world of power. What do those day dreamers know about the real politics of this world? We are the peoplewho understand the real world. So, let them dream the ideal dreams but we handle the matters in a practical way. That iswhat the world of power thought of the world of philosophy.There was no bridge between them till in 1898 the Tsar of Russia Nicholas the Second, who was open to the influences ofTolstoy and the Theosophical movement and so on. He had a sympathetic streaking in and he thought one day ‘I mustsummon a great peace conference’ and the ambassadors who met regularly at St. Petersberg every two or three months tobe brief by the foreign office, suddenly found to their amazement that instead of being briefed by foreign office they werebeing given a letter signed by the Tsar addressed to their personal sovereigns saying ‘Please come to a peace movement,a peace conference, because instead of first killing tens of thousands of our best young men and then coming to a conferencetable, is it not more sensible first to go to the conference table before we think for the business of killing?’ People thoughtthat there was something wrong with the Tsar because this autocrat one of the greatest autocrats of the world, what had--14--

gone wrong with him that he was thinking in these terms but any way, out of respect for himthey sent his message to their sovereigns and that is how the great peace conference of1899 took place at the Hague from which is descended whole line of tribunals starting withthe Permanent Court of Arbitration, then the Permanent Court of International Justice andthe International Court of Justice, it all started in 1899 as a result of Royal Tsar’s restrictsummoning the peace conference at the Hague. But people never learn, they had Napoleonicwar to teach them, they had the 30 years war to teach them but still they went back to theirold ways and there was a great plea made for the International Court of Justice to be setup which could enter the court room of justice in majesty with authority to decide casesbetween the nations big and small, but the big powers would have none of this. Theywould not agree and the proposal failed. All they were able to get was Permanent Court ofHon'ble Mr Justice C.G. WeeramantaryFormer-Vice President, InternationalCourt of Justice, the Hague at theConferenceArbitration which was a roster of Arbitrators who would be available, they were called the International Lawyers to decidedisputes if two countries decided to employ them and the Permanent Court of Arbitration was created. It has just celebratedits 100th anniversary and it did settle numerous disputes between the nations which would otherwise have gone to war.So many wars were avoided by the Permanent Court of Arbitration which started work 100 years ago. But of course, thatwas not enough; it was not a court proper and people wait to be taught their lessons the hard way, World War I had tobreak out. Millions had to be killed before people could be brought to their senses again. They assembled at Versailles todiscuss how to create a better world order; they discussed how to create an International Court of Justice. The proposalnearly failed, mind you it was the President of America, Woodrow Wilson, a visionary himself who had the idea of theLeague of Nations, he was pushing it but America was not behind him and eventually he was not able to get his way andthere was objection to the Permanent Court of International Justice. Finally a compromise formula was worked out. Wewill not give the power to summon nations but if nations agree to accept the jurisdiction of the court we will accept it. Sothat was the Permanent Court of International Justice which was created there and I will recount to you what the Belgiumdelegate said at the discussion at Versailles. The big nations and small nations all represented there, trying to workout afterthe terrible catastrophe of World War I, how can we have a peaceful world order? And this Belgium delegate said ‘Pleasebear with me delegates, I am not Demosthenes and I am not Cicero, I do not have oratorical skills but just listen to me fora moment. Preserve silence in this hall, and you will hear coming from that window the sound of wailing and mourning.What is that? That is the wailing and mourning of the wives and mothers of our best young man who died to give us a betterworld. Listen again for a moment, and from the other window you will hear another sound of wailing and mourning. Whatis that? That is the wailing and mourning of our best and brightest young men who sacrificed their lives to give us a betterworld. What are we doing here? We are betraying their memory unless we create a court which can enter in majestic formfrom the front door and dispense justice to all the nations, big and small, with an even hand. We are betraying the memoriesof those people. Please bear with me, please all of you assembled nations here as many of you as you can please subscribeto the statute of the court’; and that is how the court got its jurisdiction by the consent of parties.Well, if it had been established as a proper court it could have avoided the World War II. But as I said that people take along time to learn, World War II had to occur to bring the people to the table again. World War II occurred which, as I said,could have been prevented if there had been a proper International Court and a proper League of Nations after thesacrifice of millions upon millions of other lives. They came to the Conference table at San Francisco and there they workedout the statute of International Court of Justice and the Charter of the United Nations. But what was the problem again?The big countries—the big countries did not want the small countries to dictate to them. They did not want to surrendertheir any part of sovereignty to them. Consequently, there was this Veto power which everybody has been talking abouttoday as a compromise and people did not get to the table on terms that there would be an equal body of nations whereeverybody could speak on equal turns. So, that is what we are discussing today and we do not have to wait for World WarIII to bring us back to our senses. The only thing which can save us is the International Law; and International Law that isrespected and there should be respect for International Law that grows and grows and grows. Yesterday, I mentioned itand you will bear with me mentioning it again. International Law has to be respected even though it does not have armiesat its command and I gave you an example yesterday, I ask your forgiveness if I repeat it. There was a case between Libyaand Chad. Libya to the north and Chad to south had a dispute about their boundary. Libya said it was to the south andChad said it was to the north. Libya marched its army in occupation of the disputed territory; Chad came to the International--15--

Court. Libya and Chad both subscribe to the jurisdiction of the court. We went into matter in great detail and we gave ajudgment holding in favour of Chad. Now, the Libyan armies in occupation, what happened? We could not enforce it butLibya and Chad got together, they met on the site. The flag of Chad was ceremonially hoisted, the Libyan army formallywithdrew. That is the way International Law should work and that is the way International Law can work and that is theway we must make it work if we want to have a peaceful world in future.Now, we see that big powers are building up their arsenals and all sorts of things of that sort are going on, which are inviolation of International Law, including unilateral troop movements into the other countries and so on. So, we cannotpermit those to go without the whole body of peace loving citizen throughout the world, raising their hands and saying ‘Hereis International Law, why are you not following it?’ International Law is there for all to obey. By one reason why they donot, is that they do not know enough of International Law and that is why I concisely made a plea that in our schools wemust teach peace, we must teach International Law and I congratulate Mr Gandhi for taking the initiative to introducepeace studies into this wonderful set of schools that he has and it is a world initiative and we must try to spread the ideathroughout the world that every subject, if you are teaching history, have a peace element in it. If you are teaching geography,have a peace element in it, environment, and protection of natural resources. Teaching physics, talk about nuclear weapons.Teaching chemistry, talk about how chemistry is abused for chemical weapons and so on. There is wonderful scope for allof this and the judiciary can also do a great deal and let me tell you a very interesting episode that occurred recently. I toldyou that in my judgment I categorically asserted dissenting judgment of course; I categorically asserted that nuclear weaponsare illegal in all circumstances whatsoever. Now, recently some nuclear protestors in Scotland got onto the premises wherethe trident weapon was being produced and the trident submarine. They got on to the submarine, they damaged themachinery on the submarine, they threw some of it over board and they were charged for trespass and for damage underScottish law. They were charged before Scottish Magistrate. Their defense was principally my judgment. They referred tomy judgment and said that ‘Making of these weapons is a crime under the International Law. It is crime against humanity;we are doing this for the protection of humanity. Nobody else is moving in this matter therefore we are moving and we aredoing it in the assertion of the rights of the mankind’. And, what do you think that Sheriff as they call magistrate there,directed the Jury to acquit the accused and the accused were acquitted. That was a tremendous victory for InternationalLaw. Of course, the Lord Advocate of the Scotland could not take that lying down, he had to appeal but he could notappeal against the acquittal under Scottish Law but he appealed and pointed out that my judgment was a dissentingjudgment and not the judgment of the court and the court of the appeal observed that the judgment relied by the Sheriff wasdissenting judgment and not the judgment of the court but that doesn’t matter, what matters is that if the judges take theinitiative they can give the leadership in the direction of the law and lot of International Law including Environmental Law,Sustainable Development Law and so on, is actually undeveloped law which the judges can develop and the judges are inthe best position to develop it.So all of these are wonderful avenues for concerned citizens to interest themselves. We have to generate respect forInternational Law, we cannot do so without the knowledge of International Law, we have got to therefore communicatethat knowledge at all levels. We have to universalize the International Law by saying that it’s not the product of onecivilization or one culture, it’s a world wide product. We have to campaign and what greater inspiration for campaigning inpublic interest than that of Great Mahatma Gandhi. The way in which the force of ideas can overcome even the might of thegreatest empire on the Earth. So, we must not give up, we just go on because we know we are right and we proceed inpointing out what the law requires and we must not as people say, we are paying so much not for evil deeds of evil doersbut for the idleness and inactivity of the well meaning people of the world because they are not moving sufficiently in thematters that are of importance. Also, we should remember that peace is not absence of war but the presence of justice. Wehave to secure justice throughout the world and then there will be peace. All these gross inequalities which are cause ofanger, cause of hatred, cause of conflict, they can be avoided if we think in terms of justice. So let us all work together forworld where there is peace, where there is justice, where there is obedience to International Law. Let us teach our childrento do so and worked up the totality of right thinking opinion throughout the world. As so often been said that ‘The superpower of future will not be the super powers that have military power. The super power of the future will be the united forceof the public opinion of the right thinking people of the World’. Thank you--16--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Benjamin J. Odoki,Chief Justice of UgandaI should like to express my deep appreciation and gratitude to the able and dynamicConvener of the Conference and Founder Manager of CMS, Mr. Jagdish Gandhi, for thekind invitation extended to me to participate in the conference, and for the generoushospitality accorded to me and my delegation since our arrival here, and also in Delhi.I wish to pay glowing tribute to Mr. Gandhi for initiating the great idea of creating a safefuture for our children by promoting a unique concept of quality education for socialtransformation for our children, and society at large. Education is the most importantinvestment we can give to our children. Education is the most important instrument ofsocial transformation. Therefore, education must be holistic and balanced and promotemental, spiritual and physical development. Spiritual and moral education is particularlyimportant because it lifts a person beyond his or her selfish interest and recognizes the value and brotherhood of man so thathe realizes his purpose in life to serve God and society. This realization promotes global awareness and responsibilities.I therefore, applaud the CMS concept of the school becoming a lighthouse of society. I commend the four pillars of CMS’slighthouse consisting of knowledge, wisdom, spiritual perception and eloquent speech. I support the four building block ofCMS’s lighthouse which are universal values, global understanding, service to the world and excellence at all times, becausethey are crucial in promoting world peace and unity. I appeal to other schools and institution to emulate the CMS’seducational model.This conference is yet another significant milestone in the quest to build a peaceful world public order. We are here toencourage our children to promote peace education and world unity. We are here to build a critical mass of public opinionto support the maintenance of peace in the world. We are here to give solidarity to the efforts of peace promoter and otherpeace loving people to advocate for peace building and elimination of conditions which breed war and armed conflicts. Weare here to condemn the armed race, the manufacture, accumulation and use of weaponsof mass destruction. We are here to appeal to combatants engaged is armed conflicts tospare children and other vulnerable groups from barbarous and brutal acts of murder,mutilation, sexual abuse and cruelty in general. We are here to call upon all nations, big orsmall, powerful or weak, to respect international law and human rights, and resolveinternational disputes through peaceful means.Hon’ble Mr Justice Benjamin J. Odoki,Chief Justice of Uganda beingpresented with the ConferenceMementoHon’ble Mr Justice B J Odoki, ChiefJustice, Supreme Court of Ugandaaddressing the ConferenceOur previous conferences have been significant in underscoring the importance of peaceand security to development and unity, in identifying the problems, which stand in the wayof attaining peace and in making proposals for achieving lasting world peace.We accept that peace is critical to development and freedom of humanity in general and insecuring a safe future for our children in particular. We recognize that the obstacles to world peace include:• The doctrine of national sovereignty and non-interference in the internal affairs of other countries.• The accumulation of weapons of mass destruction.• Terrorism.• Different political ideologies.• Unenforceable international law and weak international institutions, and absence of the rule of law.• Poor governance and lack of democracy.• Poverty, underdevelopment and unequal distribution of resources.• Lack of political will and mutual suspicion amongst world leaders.• Absence of world unity and spirit of brotherhood, common values, common purpose.--17--

• Lack of a culture of peace, tolerance, love, acceptance and respect for one another.• Failure to resolve disputes through peaceful means.These obstacles must be eliminated before world peace and unity can be achieved. This isnot a simple task, which can be accomplished in a day or in a few years. It is a longjourney which must start with one step. I am glad to say that we have embarked on thisjourney with the seriousness and commitment it deserves. These conferences are a vividdemonstration of this resolve and they must be supported. We cannot achieve this goalsingle handedly, but we must work together with other peace promoters, for the task ofbuilding world peace is a collective responsibility for the entire world.Hon’ble Mr Justice Benjamin J. Odoki,Chief Justice of Uganda receiving the'Key' to City of Lucknow from MayorDr S.C. Rai at the ConferenceWe must work towards the establishment of enforceable International law. Law is theexpression of policy and the instrumentality of transformation and compliance. International law cannot be enforced if thereare no effective institutions to enforce it and sanctions for non-compliance. The main world body charged with theresponsibility to enforce it, the United Nations Security Council does not have the teeth to enforce it. The SecretaryGeneral of the United Nations, Mr. Kofi Annan, admitted this when he addressed the UN General Assembly in New Yorkon 21st September 2004. The Secretary General stated,“At the international level all states - strong and weak, big and small - need a framework of fair rules, whicheach can be confident that all will obey. Fortunately, such a framework exists. From trade to terrorism, from thelaw of the sea to weapons of mass destruction, states have created an impressive body of norms and laws. Thisis one of our organization’s proudest achievements. And yet this framework is riddled with gaps and weaknesses.Too often it is applied selectively and enforced arbitrarily. It lacks the teeth that turn a body of laws into aneffective legal system.”I entirely agree with the Secretary General that we need an effective United Nations - one that reflects the world we live intoday and can meet the challenges we face. His promise to reform the Security Council in order to strengthen the rule of lawand transitional justice in conflict and post conflict societies, is a welcome commitment, which promotes our cause. Ipropose that some of the measure to reform the Security Council should include the removal of the right of veto by thePermanent Members of the Council and the expansion of the Council to represent all the major regions and world legalsystems of the world.While reforming the United Nations is one of strategies for promoting enforceable international law, there is a need totransform the United Nations into a World Parliament which can enact enforceable international law. A World Parliamentmust not emphasize the sovereignty of nations and of its citizens. International law should cease to be a matter for voluntaryacceptance or waiver by powerful states, but applicable equally to all nations and all peoples. No government, no nationand no person should be above the law.The rule of law must be binding at international level. The Judiciaries of the World, which are responsible for peacefulresolution of disputes, must play a leading role in promoting the observance of the rule of law at home and abroad.Globalization demands global law as the world has become a global village. This is theonly way we can hope to promote and achieve a realistic and equitable new internationaleconomic and political order. This is the only way in which all the people in the world canlive free from fear and want. This is the only way our children can have hope that tomorrowwill be better than today. This is the only way we can achieve a safe future for our childrenborn and yet to be born.Hon’ble Mr Justice Benjamin J. Odoki,Chief Justice of Uganda (front row,right) at the ConferenceI wish you a Merry Christmas and a Prosperous New Year.--18--

5 th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Leonard Ezra UnyoloChief Justice of the Republic of MalawiI would like to express my profound gratitude to Mr Jagdish Ghandhi, Founder Managerof the City Montessori School (CMS) and his team at the City Montessori School forgraciously inviting me to this conference. I feel greatly honoured indeed. I would also liketo thank you for all the work you have done and you are doing to promote World Peaceand to advance our understanding that a school must act as a lighthouse of society andprovide meaningful education, spiritual direction and leadership.As we have noted, this conference draws its inspiration on Article 51(c) of the IndianConstitution which provides that the state shall endeavour to foster respect for internationallaw. This clause is similar to Article 1 of the Charter of the United Nations which stipulatesthat the purposes of the United Nations are, inter alia, to maintain international peace andsecurity and to take appropriate measures to strengthen universal peace.Hon’ble Mr Justice Leonard EzraUnyolo, Chief Justice of the Republicof Malawi addressing the ConferenceLet me begin by concurring with fellow Chief Justices, and other eminent speakers who have addressed this forum in thepast, on the point that the existence of these provisions in the UN Charter and national Constitutions provide us a challengeof how to transform the ideals embodied therein into practical reality. It also gives us an opportunity to reflect on thesuccess and failure of the UN to maintain and strengthen universal peace. This, in turn, enables us to propose reforms to thestructure and method of decision-making within the UN in order to make it a more effective body for the promotion ofinternational peace and security through enforceable international law.More than 50 years ago the framers of the UN Charter were determined, in the words of the Charter, to save succeedinggenerations from the scourge of war, which twice in their life time had brought untold sorrow to mankind and to reaffirmtheir faith in fundamental human rights and dignity. They were also determined to establish conditions under which justiceand respect for the obligations arising from treaties and other sources of international law could be maintained. They werefurther desirous of promoting social progress and better standards of living in larger freedom.As Albright observes the drafters of the Charter were not naïve, they were grimly realistic. They had seen, after World WarI, the price of failing to organize peace and what happens when commitments are not kept. They were eyewitnesses to thedevastation of war. They had a first hand experience of how evil triumphs when good people do nothing. The creation ofthe United Nations was their only hope for lasting international peace and security.Notwithstanding the creation of the UN, the hopes and aspirations of the framers of the UN Charter have to a large extentremained frustrated. Indeed, new challenges have arisen that demand innovative strategies of enforcing international law.We live in an era where threats of conflicts continue to arise. We live in an unsettled age, beset by threats of terrorism,unilateral action by super powers, massive ecological destruction, unsustainable lifestyles, endemic poverty, disease,squabbles, wars, genocide, selective application of international law, and weapons of mass destruction (despite the end ofthe cold war). The risks our children and future generations face are, therefore, unprecedented.This scenario is attributed to the fact that the framers of the United Nations Charter failed to devise a ‘common thread’ forbinding member countries into one global family. In the absence of a common thread the UNO has become an organizationof disunited nations. The actions of the countries with veto power causes fear and suspicion among other countries thatseek similar powers by resorting to unconventional and heinous means of conflict resolution. It is in this context that therehas been a growing demand for more enforceable international law.--19--

We need a new system of enforceable international law because the UN system has not been effective in solving the everincreasingworld problems. The UN has not fully implemented its mandate under Article 1 of the UN Charter. Indeed thereis now a general agreement that the UN needs review and strengthening.The UN Millennium Summit 2000 emphasized the need to strengthen the UN so that it could be a more effective catalystfor change and coordination in future. Strengthening international organization and institutionalized cooperation is recognizedas key to reaching global stability. The Summit report called for willingness from member states to contemplate realstructural reform of the UN. My task therefore is to lend my support to this call.Present international law suffers from several problems. Some scholars have argued that international law is not lawproperly so called because it does not have well defined rules and fully developed institutions and enforcement mechanisms.Among the most serious shortcomings of the present system are the rudimentary character of the institutions, which exist forthe making, and application of the law and the narrow restrictions on its range. Specifically, the international legal systemradically differs from the domestic legal system in that it is a horizontal legal system lacking supreme authority, the centralizeduse of force and a differentiation between the three functions of law making, law determination and law enforcement.There is no legislature to keep the law abreast of new needs in the international society, no executive power to enforce thelaw and although certain administrative bodies have been created they are far from adequate for the volume of business thatis of international concern. The range of action for machinery for the resolution of disputes and the standing court of justiceis extremely limited.The General Assembly is not a world legislature. It is a deliberative organ and has only power to make recommendations,as opposed to legally binding resolutions.The Security Council, which has the primary responsibility for maintenance of international peace and security does nothave power to make international law, but is more of an enforcement organ. Its law enforcement capacity is both legallyand politically limited. Its effectiveness is constrained by its limited composition and the veto powers of the five PermanentMembers. If one of its permanent members uses its veto powers the Security Council cannot enforce international law. Todate the Security Council’s power to decide enforcement measures, economic sanctions and collective military actionunder Chapter VII of the UN Charter is limited to threats to world peace, breaches of peace and aggression. As mostbreaches of international law do not fall under any of these categories the Security Council, effectively, has no power tocompel obedience.Worse still, there is no judicial body which possesses compulsory jurisdiction over all nations and individuals in the settlementof international disputes. The International Court of Justice can only decide cases submitted to it when both parties submitto its jurisdiction and it cannot ensure that its decisions are complied with.Sanctions against states which violate international law are seldom effective because of power imbalances in the globalcommunity. Some states are too powerful to be held accountable while others are too weak or disunited to hold thepowerful accountable.As a result enforcement of international norms is largely decentralized, the individual state being its own law enforcementagent. International law rules are frequently ignored because of the absence of centralized sanctions. Even though inindividual cases of breach of international law retorsion, reprisal and self-defense are available to states to enforce theirrights, the general state of the law remains unsatisfactory because it is not always possible to alter state behaviour throughreciprocity, friendly persuasion or isolation.A law cannot be fully respected unless it reflects the values interests and aspirations of the people it governs. Thereforethere must be legitimate institutions established by nations and people to create such laws.--20--

Hon’ble Mr Justice Leonard EzraUnyolo, Chief Justice of the Republicof Malawi being greeted at theReception organised by Supreme Courtof India Bar Association at New DelhiCurrently there is no institution charged with the responsibility of making international law,which is binding on all nations and peoples of the world. The UN and regional agenciesdo not possess such powers of making enforceable international law. It is a naturalconsequence of the absence of authoritative law-declaring machinery that many of theprinciples of international law, and even more the detailed application of accepted principlesare uncertain. Powerful countries are therefore able to flout the law with impunity underthe pretext that it is vague.Considering that obedience to international law has not really been achieved by diplomaticmeans, more innovative techniques must be established. In this regard enforcement canbe achieved through compulsory litigation before a world court that is given power toenforce compliance. Today’s challenge is to enhance the effectiveness of procedures and institutions established to promoteaccountability of governments in international law.New trends concerning enforcement suggest that the best approach may either be to reform existing bodies in order to givethem expanded mandate or to create entirely new institutions which are representative and with power to compel compliancewith their mandate. Considering that one of the major weaknesses of international law is that there is no representative lawmaking body, it is imperative that the international community moves swiftly towards creating a legislative body to keepinternational law abreast of the legitimate needs of the international community.Similarly, given the increasing need for international law enforcement in cases where international peace and security are atstake, one must recognize the importance of creating a world court with compulsory jurisdiction. The political and geographicaldiversity of the causes of international conflicts may require reactions other than those by the central authority of theSecurity Council. To this end provision must be made for effective international law enforcement in the event of theSecurity Council’s inaction due to its exercise of the veto power.As there is no international court with compulsory jurisdiction to enforce international law, creating such institution underauspices of the UN would be an alternative to reforming an existing body. The new Court would have jurisdiction overinternational law matters. States as well as corporations and international organizations could be parties before the Court.The biggest obstacle to the creation of a forum of this nature would be recognition of its jurisdiction by states. Therecognition of such jurisdiction would mean a further limitation on state sovereignty. However, the task of promotinginternational law is of such tremendous importance that it requires a partial sacrifice on sovereignty. Where protection of theplanet for the sake of children and future generations and state sovereignty clash, the later should give way.Although for a variety of political and practical reasons states prefer to resolve disputes of an international nature indomestic tribunals it should always be borne in mind that most international law problems are planet-wide in scope. Theyconsequently demand global solutions. The recent handling of terror suspects by the World’s major powers clearly exposesthe limitations of domestic legal systems. Moreover, there are several obstacles to enforcing domestically implementedinternational law, namely: sovereignty, the doctrine of standing and the principle of forum non-conveniens.Resolving international global problems at domestic and regional levels would also lead to the proliferation of tribunals. Thiscan have adverse consequences in that it is difficult to maintain uniformity and consistency in the application and enforcementof international law. A global body would also act as a backstop where national courts are unwilling or unable to adjudicatedue to political or other reasons.Some contend that the hope for a secure future lies, not in the building of a few ambitious global institutions of a universalmembership but in regional institutions. However, experience with regional institutions has taught us that principle can besacrificed at the altar of unity and that global problems demand global solutions. Regionalism also tends to undermine theuniversality of international standards.--21--

The need to have a world legislature and judiciary becomes more pronounced when we take into consideration the need tosafeguard the future of the world’s children including their right to a safe and healthful ecology. This is in the context of theprinciple of intergenerational equity which states that each generation has an obligation to future generations to pass on thenatural and cultural resources of the planet in no worse condition than received and to provide reasonable access to thelegacy for the present generation.Intergenerational equity seeks to achieve a balance between the interest of present and future generations. There is aplanetary trust implicit in the nature of the relationship between generations. There is also an implied declaration by eachgeneration that it holds resources of the planet in trust for future generations. As trustees we have an obligation to ensurethat future generations are able to live in a safer world. The words of Chief Seattle are in point:“Because this we know: the earth does not belong to man: man belongs to the earth……whatever befalls the earth,befalls the sons of the earth. Man did not weave the web of life; he is merely a strand in it. Whatever he does to theweb, he does to himself.”Underlying basic property conceptions in African Societies is the notion of “ancestral trust” whereby property is vested inthe living for the benefits of themselves and generations unborn. As a generation we have received this planet in trust fromprevious generations and we hold it in trust for future generations. Every generation has a responsibility to the next topreserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. We have an obligation to handover to the future generations an environmentally safe and ecologically secure planet earth.Indeed we would fail our trust if we do not take serious note of the plea by the world’s children to safeguard their future byadvocating for enforceable international law. We must fix our vision not only on the present, but on succeeding generations.Let us listen to the desperate cry of the World’s children and work towards an international order which genuinely safeguardstheir future and the future of generations yet unborn. Let us hearken to their calls for the creation of new institutionalauthorities within the UN with decision-making and enforcement power.Nations around the world must be united in the common mission of international law enforcement. Today we are calledupon to develop a new framework for protecting the world, our children and their interests. In devising the framework wewill build on the firm foundation provided by the UN Charter and other sources of international lawTo echo the words of Madeleine Albright, we have a responsibility in our time, as our predecessors did in theirs, not to beprisoners of history, but to shape it, to build a world not without conflict, but in which conflict is effectively contained, aworld not without repression, but in which the sway of freedom is enlarged, a world not without lawless behaviour, but inwhich the law-abiding are progressively more secure.Considering that the ideals of the UN Charter do not limit themselves to the present, we must seriously think about futuregenerations when we make present decisions. We must think about the rights of our children and the unborn when devisinglaw enforcement strategies. Let us always remember that we have a huge obligation to make the world more secure for ourchildren and future generations. Thank you.Do not mischief on the earth, after it has been set in order, but call on him withfear and longing (in your hearts): for the mercy of Allah is (always) near to thosewho do good.— The Holy Quran, Surah 7, Al-A'raf, Ayat 56--22--

5 th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Peter S. ShivuteChief Justice of the Republic of NamibiaIn many legal orders, in the judgments of the Courts, and in the text of many modern dayconstitutions, including Namibia’s, one notices an encouraging trend towards the embracingof international law.Why this may be the case, that sovereign states (particularly modern states) have movedtowards an ‘internationalist trend’ in their constitutional expressions is perhaps explainedby the international human rights discourse and the concerted approach of the nations ofthe world in resolving global problems and dealing with matters of economic integration.International law has come a long way to where it finds itself today. The traditional sources,treaties, custom, and general principles of law, nowadays certainly require amplificationby resolutions, declarations of international organizations and some persuasive codes of conduct and as such, one is tointerpret Article 38(1) of the Statute of the International Court of Justice to reflect the sources of international law that wereavailable at the time. With a globalized perspective to international matters, the theme for this conference is therefore apt inrecognizing judicial activism and urging a move-away from the positivist hard law and normative soft law paradigm of legalthinking which afflicts many a lawyer’s mind, if we are to fully encapsulate today’s international legal order.However, I must post a caveat and observe caution. Not all rules of practice or action at the international level can rise tothe level of their applicability to all and find enforceability by national courts. As has been the case in the past, my view isthat for international law to be recognized in the first place, and enforceable thereafter, it needs to have very strongfoundations to be acceptable to all. It is possible, as has been the case before, that such may become acceptable to all, butwith variations for differences of application across the board.Yet thus far, the crystallization of certain principles of international law to universal acceptability and thereafter enforcementhas done well to our jurisprudences in acting as fertile supplements to domestic law. This cross-pollination of legal dogmaoccurs quite vigorously notwithstanding the criticism of the courts for the so called ‘judicial timidity’. This criticism contendsthat courts interpret their national constitutional provisions narrowly where they import international law into the domesticlegal systems; further that courts will interpret international rules in fashion that does not upset governmental interests; andthat courts shield behind ‘avoidance’ doctrines in avoiding judicial review of government conduct and action.The tricky part arises where a given state refuses to sign, accede or ratify an international treaty/convention, for instance,the 1989 Convention on the Rights of the Child, which in my view is likely to, later on by widespread applicability, ascendto universal acceptability. Such a state may very well have consistently objected to the Convention’s provisions, yet it maybe argued, that dominant public opinion, internal and external, may bind the conscience of the state to feel obliged to upholdsuch an instrument.Hon’ble Mr Justice Peter S. Shivute,Chief Justice of the Republic ofNamibia being garlandedHon'ble Mr Justice P S Shivute, ChiefJustice, Supreme Court of Nambiaaddressing the ConferenceA great deal of interpretation will be generated in determining applicability based on theincorporation and transformation clauses in the national constitution, for as long as statesovereignty exists. Ultimately, I submit that the very key to acceptable and applicableinternational norms, lies in the political will of the custodians of the electoral confidenceto determine the destiny of the peoples of the world.This may be a weakness and a strength altogether, as political considerations aresusceptible to manipulation in the interests of retention of political mandate or otherwise,including fear of reprisal. A case in point is the debate surrounding the InternationalCriminal Court in many of the world’s capitals. On the other hand, in-as-much as electoralsystems allow for representation, the law makers may very well spurn sympathy towards--23--

Hon’ble Mr Justice Peter S. Shivute, ChiefJustice of the Republic of Namibia beingpresented with a bouquet at the airportcauses. In this regard, the process of making of the Framework Convention on TobaccoControl is illustrative.The role to be played by international fora and international organs, such as the GeneralAssembly and indeed the United Nations Organization, the World Trade Organization,and many more, should therefore be augmented in every possible way. The aspirationsembodied in the Charter of the United Nations remain as relevant today as they were in1945: ‘to maintain international peace and security’, ‘to develop friendly relations amongnations’, ‘to achieve international co-operation in solving international problems of aneconomic, social , cultural or humanitarian character’.In the attainment of these goals, it is clear that the role of the International Court ofJustice is pivotal, and can act as an instrument of international peace and security, if, and only if, the nations of the world canmaturely submit to it. For as some have put it, ‘the place and role of unilateralism in contemporary international law’ hasbecome restricted.However, the International Court of Justice must be reigns-free, and not restricted and hampered by political interferencein determining the matters placed before it. It must be “free in its decisions and the master of its own reasoning and ‘anylimitation whatever on this point would run counter to the principle of judicial independence.’ ”As judicial officers of our national judiciaries, tasked with interpreting, and dare I say judicial law making, we too share thatresponsibility to ensure that the tomorrow we prepare for the generations ahead of us, is one of an orderly, well thoughtlegal order at the international and national levels, relevant not only today, but in their time as well. Our rulings should becapable of guiding the legislators in applying their minds to the concerns beyond the expediency which they find themselvesin, a common denominator in shortcuts as alternative to the correct way of doing things, and the raison d’être of judicialreview processes.I thank the organizers of this Conference, and congratulate them in having assembled such prestigious a congregation, andhope that indeed, with them, and through them, the time for an enforceable international law may indeed become reality.In conclusion, I stumbled upon the following commanding phrase from a robust legal mind which inspired me as I waspreparing this short paper:“The idea of international society, the society of the whole human race and thesociety of all societies, take its place at last, centuries late, within human selfconsciousness,and international law finds its place at last, centuries late, withinthe self-constituting of international society; that is to say, as an essential part ofthe self-creating and the self-perfecting species.”For us Africans, the idea of a united Africa, weaned off the bygone era of the Organizationof African Unity, only now attempts to stand poised on the will of the African people,exercised through the democratic African Union, an institution we are proud and preparedto mould as our contribution to global unity, and global diversity.We hold the African Union, as our hope for a brighter future for African sons and daughters,of a continent and a world of justice, underpinned by democracy and the rule of law, atnational and also international planes. Equally, we yearn for a United Nations Organizationthat can propel us into a day where all peoples of the world live as members of a globalizedvillage.I thank you.Hon’ble Mr Justice Peter S. Shivute,Chief Justice of the Republic ofNamibia at the Conference--24--

5th International Conference of Chief Justices of the WorldAddress byHis Excellency Khammy SayavongThe President of the People’s Supreme Court of the Lao PDROn behalf of the delegation of the People’s Supreme Court of the Lao PDR, I would liketo thank a lot the Government of India as well as all people in Lucknow and especiallyMr. Jagdish Gandhi Manager of City Montessori School and Convener of this Conferencefor giving me the second opportunity to attend the 5th International Conference of ChiefJustices of the World on Article 51 (c) of the Indian Constitution on the theme’ EnforceableInternational law is the IDEA Whose Time Has Come’ and also to visit the city of Lucknowas well.Lao People Democratic Republic is located in the Southeast Asia and border to 5 countriessuch as Myanmar, China, Vietnam, Cambodia and Thailand. The territory of the countryis 236800 km and is land locked country.His Excellency Khammy Sayavong, ThePresident of the People’s Supreme Courtof the Lao PDR addressing the ConferenceThe country is divided in 16 Provinces, I Special Zone and Vientiane Capital, 141 Districts and 11,564 villages. The capitalis Vientiane Capital. Population of Lao PDR has approximately 5,400,000 people according to the statistics in 2002, thecalculation of birth about 2.4% per year; around 21 people is living per 1 km and 85% of population is living in countryside.Since 18th Century the territory of Laos suffered incursions and colonised by many aggressors. The story of the LaoHeroics was fighting against aggressors all along for peace, Independence and on December 2nd, 1975 the Lao PeopleDemocratic Republic (Lao PDR) was established. After nearly 30 years Lao People Democratic Republic is having thePeace, Independence, Democracy, the economic development and social stability and has developed step by step.In 1989 the legal development was also required to draft laws because the economic mechanisms were required forreforms. The country has opened the door for foreign investment, so internal regulation must be changed too. The 1stConstitution of the Lao PDR was drafted and adopted by People’s Supreme Assembly and promulgated by the Presidentof State on 15 August 1991. Until now 54 laws were adopt by National Assembly and promulgated by the President ofState (including the Constitution).According to the International Law and the policy of government of the Lao PDR which stipulated in the Article 12 ofConstitution that, ‘the Lao People’s Democratic Republic pursues a foreign policy of peace, independence, friendshipand cooperation; and promotes relations and cooperation with all countries based on the principles of peaceful coexistence;respect for each other’s independence, sovereignty and territorial integrity; non-interference in each other’s internal affairs;equality and mutual benefit. The Lao People’s Democratic Republic supports the struggle of the world people for peace,national independence, democracy and social progress.The Lao People’s Democratic Republic is a party to and signed International Conventions such as:Convention on the Rights of the Child (CRC);International Convention on Civil and Political Rights (ICCPR)International Convention on Economic, Social and Cultural Rights (CESCR);International Convention on the Elimination of All Forms of Racial Discrimination (CERD);Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and other Conventions.Now the National Assembly of Lao People’s Democratic Republic is prepared for ratification of two Conventions such as:International Convention on Civil and Political Rights, andInternational Convention on Economic, Social and Cultural Rights which signed in year 2000.However, the Lao PDR has the peaceful and political stability, the economy growing up step by step and is doing well in--25--

promoting relationship with foreign countries, but many of people around the World areprone to violence by the power of aggressors and are at the brink of the Wars; manypeople are living in poverty, lack of food and education, especially in the countries affectedby Human Rights violation and terrorist attacks.Of course all of people have the rights to protection from the war based on Internationallaws and need to promote the relationship and cooperation with all countries by principlesof peaceful coexistence, respect for each other’s independence, sovereignty and territorialHis Excellency Khammy SAYA VONG,integrity, non-interference in each other’s internal affairs. This Conference of Chief JusticesThe President of the People’s SupremeCourt of the Lao PDR being presented of the World will pave the way to promote International Laws Enforcement and everyone,with the Conference Mementoevery country, must respect for each other’s independence, sovereignty, so that in timesto come a justice and peace to all of people can be ensured especially for safety to children and women all over the World.The National Assembly of Lao PDR is authorized to adopt national laws and ratify the international convention to beenforced in Lao PDR. For drafting laws procedure in Lao PDR, the Government also pay the attention for considerationof the national law keeping in view the international law for ensuring the rights and interest of people. I see that the Article12 of the Constitution of Lao PDR and the Article 51 of the Constitution of INDIA are the same based on the aim of peace,safety by the laws.On the conclusion of my speech, I believe that the work for peace and safety for people is not easy to do, so I would liketo require for everyone to actively cooperate fighting for peace and justice for children and all of people. I believe that, theexperiences from this conference will create a better climate from which we all will be benefited. Furthermore, I alsoconsider that this conference is a symbol for improving the cooperation between us for fighting against all kind of crimes andfor Enforceable International laws in the future.I wish great success to the conference and happiness to you all Chief Justices.CMS students in a procession against genocide in Rwanda in 1994--26--

5 th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice S.A. BrobbeyChief Justice of GambiaThis theme ‘Enforceable International Law is the idea whose time has come’ is to beconsidered in the light of the following outrageously frightening publication on the stockpileof nuclear warheads contained at page four of the invitation to Chief Justices. It reads asfollows:“Our Heritage — a Legacy of Our Elders!We, the children of the world, are receiving as a legacy from our elders, a massivenuclear stockpile of nearly 36,000 warheads.USA has 12,070 warheads, range anywhere in the world; Russia has 22,500 warheads,range 11,000 kms.; France has 500, warheads, range 5,300 kms.; China has 450, range11,000 kms.; UK has 380, range 12,000 kms.; India has 65, range 2,500 kms. and Pakistan has 25 range 1,500 kms.In addition, about 80 countries have developed and stockpiled deadly chemical and biological weapons. No nation hasthe technical know-how nor enough money of destroying these weapons of mass destruction. Experts say thattwenty times more money will be required to destroy a bomb than was spent in its manufacture and that just one percent ofthe existing nuclear stockpile is sufficient to obliterate all life on earth.”The children have the right to ask, and will continue to ask: What are we doing to ourselves and continue to do for ourselvesby hoarding these warheads fully conscious of how lethal they are and can be?This publication is sufficient demonstration that the whole world is living on borrowed times or sitting on time bombs. Thesole reason why we are all alive and are here today is that those in control of the bombs have not decided that it is time forthem to use the bombs. When they decide that the time is up, one bomb is sufficient to annihilate all of us. If one per centis enough to obliterate life on earth, then it is obvious that mankind has very little or no chance of survival when any of theseis unleashed onto the world.The significant point that needs to be drummed into the head of the heads of these nuclear powers is that when there isnuclear warfare they, as much as those without nuclear arms, are doomed to perish.What salvation is there for mankind and our children? It is the world community wherein these arms are harboredand controlled that can provide the salvation and sanctuary for mankind and the children we have by our actions broughtinto this world. That community can function only by international law that is enforceable by the members within thatcommunity for those members and against those members who prove to be recalcitrant.It has to be emphasized that the issue is not the existence of the law or international law. We already have in existence aplethora of laws and international laws. What we need is international law that can be enforced, i.e. the law that is enforceableby the international community themselves and at the same time capable of beingenforced against non-conformist members of that international community. That is why itshould be said and said again and again that enforceable international law is the idea whosetime has come.Hon’ble Mr Justice S.A. Brobbey, ChiefJustice of Gambia at the Conference(extreme left)Hon’ble Mr Justice S.A. Brobbey, ChiefJustice of Gambia addressing theConferenceThe only solution-Reciprocal respect and protection. What then is the salvation for mankindand our children born and unborn? Because those in possession of nuclear arms areas much at risk as those without them, we all must accept to maintain, respect and protectenforceable international law.It is the desire of every one of us in this world to survive any nuclear holocaust. If weaccept that our only survival lies in enforceable international law then we all have the bounden--27--

Hon’ble Mr Justice S.A. Brobbey, ChiefJustice of Gambia at the Peace Museumof CMSmessage : “Necessary Reciprocal compliance”duty to maintain, respect and protect enforceable international law. It is only by maintaining,respecting and protecting enforceable international law that we can expect that enforceableinternational law to respect and protect us. Those who fail to heed this messageand do not respect and protect enforceable international law are doomed to perish bytheir own inaction. If for nothing at all, we owe it to our children who will inhabit this worldwhen we are gone to ensure that the world we leave behind has a means of survival. Incase we the adults do not care about our future, we should ensure the survival of theworld for our children to live in when we are no more. We should not let them inherit thisfuture of uncertainty that characterizes our current world. Our children are crying to us,the elders and adults. We should not let them cry in vain. This is the essence of myLet me round off this short presentation by voicing a serious observation that I have made and which I believe manydelegates here have also made. It is the conspicuous absence of the countries who wield the veto powers, namely, France,Russia, USA, UK and China. There is not a single representative of their judiciaries here. I am sure Mr Gandhi and hisorganizers invited them to this conference. No reference has been made as to the reasons why they are not representedhere. Their conspicuous absence is rather curious.This conference is about global peace and international law. Global peace means peace concerning the whole world – allthe countries in the world. How can there be global peace when some portions of the globe are not involved in that peace?How can we success in establishing a new world order when major powers of the world do not get involved in that order?Are they not part of the globe whose peace we are concerned with here? The globe or the world as we understand it willbe incomplete without these countries, which by the figures above are actively engaged in the nuclear stockpile.Let us hope and pray that next time round when this conference is convened, they or at least one or two of the judiciariesof these countries will be represented here.Thank you for your attention.H.E. Dr A.P.J. Abdul Kalam meeting students of City Montessori School, Lucknow--28--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Galal Eldin Mohammed OsmanChief Justice of SudanIt gives me great pleasure and honor to participate in the 5th International Conference ofthe Chief Justices of the World in this beautiful city. I would like to thank Mr JagdishGandhi, Founder Manager of the City Montessori School (CMS) and the Convener of theConference and my dear colleague B.J. Odoki, Chief Justice of Uganda, for the invitationletter I received to participate in this august gathering. Equally, I would like to express myappreciation, admiration, gratitude and thanks to the students of the City Montessori Schoolwho have been for us all a source of inspiration and optimism. Their dedication to thecause of world peace assures us that future generations are capable of addressing theimminent problems that endanger the very existence of humanity.It is true, ladies and gentlemen, that we have made considerable accomplishments in areas of democracy, human rights andgood governance in the world. However, it is quite clear that we are in bad need of establishing a true and viable worldpeace. It is the culture of peace nurtured by the students in Montessori School that willconstitute the sole viable future safety valve from self-destruction and annihilation. TheUnited Nations Organisation has played a relatively positive role in maintenance ofinternational peace and security since 1945. Yet, the UN did not prevent loss of humanlives in international conflicts and civil war. Worst, the UN failed to stop the proliferationof weapons of mass destruction. The body of international law and particularly theCharter of the United Nations was not effective in halting and arresting violations andHon’ble Mr Justice Galal EldinMohammed Osman, Chief Justice ofSudan receiving the ConferenceMementobreaches. The Charter prohibited in clear terms recourse to war in settlement of conflicts.Regrettably that prohibition in so many instances echoed empty. It is the build up of theculture of peace that will eventually impart efficacy to international law and to internationalorganizations entrusted with the application and implementation of international law. TheWorld Parliament envisioned by the organizers of this conference will positively contribute to this objective of adherence tothe rule of international law. Being a world representative body, the World Parliament will ensure abidance and will doaway with impunity. It will enhance the principles of equality and justice. The World Parliament will be both a result of anda cause for diffusion of the culture of peace. Hence our support to such a vision.It is true that our unity is a prerequisite for making peace and for maintenance of peace. Unity for peace necessarily meansthat every individual country has to discard its narrow national interests whenever and wherever they come at loggerheadswith the cause of peace.Ladies and gentlemen, International terrorism is a threat to international peace and security.There is no justification for terrorism whatsoever. To eliminate international terrorism, wehave to address its root-causes. Foreign occupation, lawlessness, injustice and povertyare examples for such causes. As I said previously, we have to discard our narrow intereststo deal a final blow to threats of peace and security including terrorism.Hon’ble Mr Justice Galal EldinMohammed Osman, Chief Justice ofSudan addressing the ConferenceFinally, may Almighty Allah bless you all and give us guidance to “save the succeedinggenerations from the scourge of war.”Hon’ble Mr Justice Galal EldinMohammed Osman, Chief Justice ofSudan at the Conference--29--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Kemal Bedri KeloPresident – Supreme Court of EthopiaI come from Ethiopia, a country which was a victim of naked aggression by Italian fascistsin 1935. This was an aggression that should have been sanctioned by the then existinginternational body - the League of Nations. But in the event, not only did the League fail tosanction the aggressor, it imposed an arms embargo on the victim.I mention this historical event because it is still fresh in the minds of Ethiopians as a darkchapter in the annals of international relations and a sad commentary on the efficacy of theinternational community to uphold and enforce its own rules.We have come a long way from those days because we now have the United Nations. Mycountry is one of the two independent African countries to figure among the foundingHon’ble Mr Justice Kemal Bedri Kelo,President – Supreme Court of Ethopia,addressing the Conferencemembers of that organization. Ethiopians have great faith in the UN. But in the words of the former Ethiopian Emperor:“The Charter of the United Nations expresses the noblest aspirations of man ... but these are ... only words; their valuedepends wholly on our will to observe and honour them and give them content and meaning.”It is with this spirit that I support the idea of enforceable international law. It is only fitting that CMS which is a pioneer in thefield of education and a recipient of the 2002 UNESCO prize for Peace Education hastaken it upon itself to advance the cause of peace through enforceable international lawin the name of the children of the world. CMS is challenging us through its choice of thetheme for this conference - “Enforceable International Law is the IDEA Whose Time hasCome.” It therefore behoves us all to heed this call and work towards its realization now.Hon’ble Mr Justice Kemal Bedri Kelo,President – Supreme Court of Ethopia,receiving the Conference MementoIn concluding my brief presentation I wish the conference and the students of CMSevery success in achieving the lofty goals of world peace and a safe future for children allover the world.--30--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Jacobus P. Annandale,Acting Chief Justice of SwazilandThe world as we have come to know it, sometimes referred to as “mother earth” or“planet earth”, has been in existence for millions of years. Modern mankind, as we knowit, has been in existence for only about six thousand years.Our planet has survived the ravages of natural and man-made disasters and though itmight be crippled and wounded, it still provides us with an environment in which we canlive. Were it not for the adverse interference with mother nature, the pollution, waste andexploitation of resources, the world would have been a safer and friendlier place to livein. We do not know for sure how much longer this trend can continue before globalwarming and other consequences of abuse will bring about the ultimate destruction, butit cannot be for much longer.Hon’ble Mr Justice Jacobus P. Annandale,Acting Chief Justice of Swazilandaddressing the ConferenceThe destruction of nations, ethnic groups and cultures has been with us for many generations and civilisations. Throughoutthe carnage and pillage, it has always been the innocent and defenceless who have suffered the most. Terrorism and themeasures to counter it causes untold misery and death.As judges in the courts of the countries of the world, we have noted that greed, selfishness and the lack of consideration forothers have been the recurring theme in countless cases brought before us. As citizens of the world, the same appliesbetween the nations - greed, selfishness and a lack of consideration and respect. History repeats itself in vicious cycles,never ending.The aim of this conference, as those before it, is to seek a solution that goes beyond rhetoric. Not many years ago, we weretold that there are three billion people. Today, the United Nations predict a world population of nine billion people in lessthan one generation ahead. Most of us who are today’s adults will not live to see the inheritance of our children, more thansome two billion at present. It is the children of the world who have no choice but to depend on us for their future. It is ourduty and obligation to bequeath unto them what we would have wanted for ourselves.If the picture that I painted above seems to be tainted with a sense of despair and bleakness, it is because it is the truereality. Today, the future is darker than at anytime in the past. The world’s resources are depleted. The wars betweennations are escalating. The dismantling of the iron curtain was not a magical solution. Religions are abused to justify localand international atrocities and terror. Indeed, objectively and realistically mankind is on the brink of its own self destruction.To permit this conference being termed as useful and successful, we all need to exert ourselves by leaving the comfort zonesof our Judges’ Chambers and ivory towers, entering the battlefield. As St. Paul wrotetwo centuries ago, our battle is not against flesh and blood but against the powers ofdarkness. How can we do this?Hon’ble Mr Justice Jacobus P. Annandale,Acting Chief Justice of Swazilandreceiving the Conference MementoWithout commenting on the merits of the situation but merely to indicate a clear illustrationof the powerlessness of the biggest international organisation on earth, we need look nofurther than the United Nations. Using all its influence and power, it was unable to enforceits decision regarding the war on Iraq. Right or wrong, the powerful nations defied allresolutions against the war. Under the present order, there is no possibility to enforceUN resolutions against powerful nations, nor to compel them to subject to a body likethe U.N.--31--

Hon’ble Mr Justice J.P. Annandale, ActingChief Justice of Swaziland at the CivicReception in New Delhi organised by theSupreme Court Bar Association, IndiaTo be realistic, it will not happen anytime soon. To be practical, one needs to find aviable solution. It is my most respectful and humble submission to this august gatheringthat the solution does not lie in resolutions to stop international wars, atrocities, pillageand terrorism.A world parliament that can enact international law and enforce it as well through aworld court is the ideal that we strive to have established. Will the powerful nationsrelinquish their vetoes? Is it the only solution to reach our common goal? The presentand permanent solution lies hidden within us. Our Creator in His supreme wisdom hasendowed each of us with a soul and spirit that cannot be extinguished. Man also has thebrain power that far exceeds the most powerful supercomputers, the potential of whichwe are unable to appreciate. The key lies in the education of children and adults alike to embrace the values and norms ofdoing unto others as we want them to do to us.It is through this process that international law can become enforceable - over those who have been educated to appreciateand desire peace, prosperity and respect. Nations who embrace these values will not only subject themselves to it but willalso enforce it on those who do not. The time has indeed come to bequeath our children’s children with a future that wewould like to have for ourselves. We need to realise the limits of enforceable international law and concentrate on thatwhich is sustainable and viable, nurture and develop it to its full potential.The protection of human rights and the environment are but two aspects that squarely fit international enforceability.Nations, cultures, and groups who violate international legislation on these two issues can be compelled and enforced toadhere to it. The Universal Declaration of Human Rights or the African Charter cannot be allowed to remain imprisoned inthe paper on which it is written. The same applies to the protection of the world’s environment. The time has come to enactuniversal legislation by a world parliament which can be universally policed and enforced.The inevitable question is how it is to be enforced. To this, it is my respectful and most humble view that it will not only beenforceable by the stronger nations over the weaker powers, all nations, big and small,rich and poor, the people of the world must require of all powers together to enforce therecalcitrant to comply. When the perpetrators are the powerful nations themselves, itwill remain a moral indictment by the rest of the world. It is therefore that the childrenand adults of all nations need to be educated to appreciate the strong moral values andethics of respect for others. This is a core value that is taught at the City MontessoriSchool in Lucknow, India. It is the transcending of these values, which are taught to anew generation, which leads to this conference, which is held at their school in India. Itis up to us, the Chief Justices and judges of the world, to embrace their plea for a betterand safer future. It is our older generation which is obliged to convey the message to theworld: for the sake of our children’s children, the world has to wake up to reality. UnlessHon’ble Mr Justice Jacobus P. Annandale,Acting Chief Justice of Swaziland at theConferenceinternational law can be universally enforced to protect the new generations to come, the consequences will be too ghastlyto contemplate.There is hope. There is a bright future we pray to God to save us from ourselves. Our faith in God is the key toour future.The next greatest rapture to the love of God, is the love of God inmen; there, too, one has the joy of multiplicity.—Sri Aurobindo--32--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Tanios El KhouryPresident, Supreme Court of Lebanon(English version of the text of address delivered in French)At present the whole of mankind cannot be perceived as one common unit with aphilosophical character based on the unity of the human race. This idea represented for avery long time an important step towards the development of the International Law.Technological revolution, development of communication, constantly growinginterrelationship of human relations transformed this idea into palatable reality made morereal by all these factors. The International Law has to face new issues now; it has tosearch for substantial solutions by transcending the contradictions. It is in effect quietsometime ago when International Law was nothing more than a law of procedure restingon the ideas of conflict between sovereign states that had to be absorbed based on therule ‘Pacta Sunt Servanda’, without wondering if these alliances and questions wereworth the trouble to be applied. The controversial method ignored the elaboration ofsubstantial law and the law which regulates the economic, social and cultural questionsand its problems which were aggravated by differences and disparities. So a kind of internal right of the humankind is inmovement and an open right on collective requirements. This development was accompanied by the resurgence of productionof norms and at the same time the transformation of international order by multiplication of governmental organizations andnon-governmental organizations.These two traits are worth being underlined. These are the pre-conditions necessary for any debate concerning the obligatorynature of International Law and the enforceability in view of its efficacy. As regard its objective, first of all International Lawstands divided. It tends to become a material right composed of basic regulations. From 1960 there was qualitativeargumentation characterized by the values of justice and solidarity, affirmation of decolonization and the right to self rule orself determination, adoption of an alliances in civil rights, political, economic and social rights of men, but then a notion ofhumankind as entity appeared. This essential notion forms the subject of our debate. It has affirmed the oceanic wealthwhich are the ownership of humankind. This last notion was considered no more than a myth; it has since become a realityand is since considered to be an active subject of right. The same reality was asserted in numerous international conventionsrelating to the violation of air space by the detour of aero planes and the repression of terrorism. It is significant that theseconventions spread the criminal jurisdiction of states, concerning the chase of the criminals who perpetuated crime againstmankind. These crimes are in effect perceived as an attack against human dignity so much that it allows the stretching of thecriminal competence beyond the borders fixed by internal laws at the same time as the creation of courts with internationalcharacter to judge without speaking of new material rules concerning the imperceptible nature of these crimes. In the sameorder of ideas it is necessary to signal the recent transformation which affects the foundation of international law so anabstract vision of a considered right based exclusively on informal conventional approach is not applicable any more. Theinternational law has been formed by successive degrees. The resolutions which are not formal in principle tend to becomeone kind of soft law which without having an effect on right, remain really opposable in states which voted for them. Itwould be contrary to honesty that a state having voted there in favour of a resolution should reproach another state forhaving acted in sense of this one. It is therefore going to oblige all the parties which vote for it. This commitment is enoughto give him the character of a judicial rule without counting that it contributes to theformation of new rules.Hon’ble Mr Justice Tanios El Khoury,President, Supreme Court of Lebanon beinggreeted at the reception organised by SupremeCourt Bar Association at New DelhiHon’ble Mr Justice Tanios El Khoury,President, Supreme Court of Lebanonaddressing the ConferenceThe third world has seen the means of this possibility to bring changes in the pre-existingorder if it is not already destroyed under the pressure. This process of democratizationis observable not only at the level of the tool which is the right to it even but also at thelevel of the subjects of international law. It is the second stage of development that weare going to recall. There is a multiplication of organizations, both governmental andnon-governmental. For a long time the international community was only a state communitythat is to say of governments. In present time the humankind has ceased being passive.One universal human community, that of the governed, is in process of formation, thanksto the tools of communication. It does not represent another political force but it is able--33--

Hon’ble Mr Justice Tanios El Khoury,President, Supreme Court of Lebanon atthe Conferenceof exercising pressure on the governments to carry them to respect the interests of theman and of humankind. If this last is always received under the angle of positive right, aprostrates of the movement of the governed is likely to orientate international law to anideal of justice of solidarity and security organizations. Amnesty International, Greenpeacecan make states tremble. It is in the same order of ideas one can name judicial initiativeswhere non-state character in favour of rights of people so the court’s rustle on Vietnamcreated in 1966 having held two sessions in Stockholm and Copenhagen and each ofthem gave judgment with an international ringing. Other one court dedicated in LatinAmerica made three decisions concerning responsibility of government in place. We aretherefore at work what they call transnational phenomena. It recalls exchanges leavingprivate initiative across state border lines. International law is perceived exclusively underpressure of facts like a rapport between close entities that are states. There is more.The germs of super-national rights are growing. A part of the power is transferred to the super-national organisms.Undoubtedly this phenomenon is restricted but it is worth being underlined because it can serve for drawing the way offuture in advance. So international alliance on civil and political rights entered on 23rd March 1971 and ratified by 93 statescreated a Committee of Human Rights having almost judicial character. Undoubtedly these findings do not have an obligatoryforce but their authority shows broadly this narrow textual frame so determining infringements can draw appropriateconsequences because it enunciates the obligation of states which is equivalent to condemnation. The Inter-AmericanCourt Article 63 of Convention of American Human Rights can grant a monetary indemnification to the affected party as astopping of the European Court of the Rights of the Man they have one obligatory effect. Even if theoretically they are onlydeclarations the condemned state will have to draw consequences of stopping by taking all measures under the watch ofthe Committee of Ministers. For to be complete, it is necessary to signal that the Court of Strasbourg holds in its decisionsan eminently normative speech, it calls literary of conventions, nor this last is contradicted by different eternal rights. It oftencalls the notion very open of democratic society. Its decisions have a real impact on the evolution of one law that hastouched the entire mankind. The creation of the International Criminal Court by the Convention of Rome represents animportant breakthrough in the sense of the institution of a new international order where not having respect for rule havinguniversal and touching value for the humankind. To speak about super-national rights it is also to recall process ofdemocratization of international organizations, ideas which make this way slowly but surely. Certain international authoritiesare nowadays being elected directly by people such as the European Parliament, the Advisory Assembly of the Council ofEurope, and the Parliament of Latin America. Though these parliamentary institutions are devoid of the decision of enrollmentbut the fact that the community of governed can express itself across them constitutes without doubt a veritable revolutionin the history of international organizations.In conclusion, the international community’s actions in all its aspects appear positive but they remain subject to major preoccupationwith peace and security and of ecology. Since the creation of UNO there have been dozens of war which havecaused the death of seven to ten million people without counting the number of human beings subjected to torment, famineand violence. The arms race always exists and the arms budgets have been augmented inspite of modest prohibitionsthrough Nuclear Treaty 1963 and the Treaty on Proliferation of Nuclear Weapons 1965. Our eco-system is subjected tomore and more vile aggressions. It is therefore necessary to go to the front. Globalism, or Mondialism as we say in French,recommended by some, must necessarily pass across a constituted Confederation of all the States. This resolution if itsucceeds would serve in no way the interest of humankind or that of people because the confederation would be headedby the most powerful states. Resolution is elsewhere. It is in the evolution of the right kind of international public. It must besearched in all directions. It is first necessary to reinforce actions from this organization of governments which is the UNO.True, results from the resolutions of the General Assembly can only pass across state where the least provided and leastarmed have the majority. This can constitute important milestones in development of a right based exclusively on the ideasof equality and justice. This will lead to a growing power of universal human conscience thanks to transnational flexescoming from non governmental organs enjoying a moral prestige accepted universally. The creation of an internationalparliament formed of celebrated persons of the whole world specializing in all fields of knowledge can be envisaged. Itspresence plays an essential role in the promotion of universal human values. The respect of the rule of international law suchas envisioned in Article 51 of the Constitution of India transformed into a true internal right also contributes an importantstage in the sense an international norm will be acknowledged to be obligatory and therefore executable by the judicialauthority of every country. All this is going to converge and all that comes together always goes up. This moment will slowlybut surely accomplish the old prophesy, ‘No one will save the one who to cling to his own wealth has overturned the augustaltar of justice.’ Thank you.--34--

5 th International Conference of Chief Justices of the WorldAddress byHon’ble Madam Justice Anita Usacka (Latvia)Judge, International Criminal Court, The HagueI am pleased to be here today and to address such an honourable audience. As a Judgeof the International Criminal Court, the ICC, I will talk about the contribution that theICC can make to safeguarding children’s right to inherit a safe and healthy ecology. Itruly believe that the ICC’s jurisdiction, its unique structure and the support it receivesfrom a large number of states, allow it to function as an efficient tool for the protection ofthe environment during times of war.The ICC is the first ever permanent, treaty based, international criminal court establishedto promote the rule of law and ensure that the gravest international crimes, such as thecrime of genocide, crimes against humanity, war crimes and the crime of aggression donot go unpunished. The Rome Statute establishing the ICC was adopted in July 1998.Currently 139 States have singed the Statute, while 97 States have ratified it, becomingfull members of the ICC. The main aims of the ICC are a) to put an end to impunity for perpetrator of the previouslymentioned crimes; b) to deter future violations; c) to bring justice to victims; and d) to contribute in maintaining andestablishing peace, security and the well-being of the world.Before I talk about environmental crimes in International Humanitarian Law, I would like to share with you some considerationsregarding the special regime in place before the ICC, taking into consideration the protection of the rights and the interestsof children, who are often those who suffer the most as a consequence of the commission of the crimes within the Court’sjurisdiction.The ICC has no jurisdiction over crimes committed by children under the age of 18 at the time of the alleged commissionof the crime. However, the Rome Statute pays due regard to child specific issues. There are a number of crimes within thejurisdiction of the ICC, which specifically address the protection of children. For example, conscripting or enlisting childrenunder the age of fifteen years into armed forces or groups or using them to participate actively in hostilities constitutes a warcrime. In addition, the Rome Statute enumerates several crimes that, although of general character, are of particularimportance for child protection. These include, for example, the crime of sexual violence. Moreover, the Rome Statute, aswell as the Court’s Rules of Procedure and Evidence establish a system where children appearing before the Court eitheras witnesses or as mere victims receive special protection. This system is aimed at limiting the distress children can sufferduring legal procedures involving the crimes of which they are victims.As it is not realistically feasible to ban wars from this planet, International Humanitarian Law is aimed at preventing meansof total warfare by regulating the conduct of belligerent parties during war.Contemporary conflicts affect not only armed forces of belligerent parties, but also civilian lives, including the lives ofchildren, civilian infrastructure, and last, but not least, the natural environment. While insome instances the devastation of the environment is considered as so called “collateraldamage” of fighting activities, in some cases the natural environment it is the very targetof an attack.Hon’ble Madam Justice Anita Usacka (onleft), Judge, International Criminal Court,The Hague, being received at LucknowAirport upon arrivalHon’ble Madam Justice Anita Usacka(Latvia), Judge, International CriminalCourt, The Hague, addressing theConferenceInternational law prohibits any means of warfare which are planned to cause, or may beexpected (albeit without the intention) to cause serious damage to the natural environment.Thus it is a matter not only of protecting the natural environment against the use ofweapons or techniques deliberately directed against it, but also one of protecting thenatural environment itself.As I have mentioned previously, the ICC has jurisdiction over the crimes that are--35--

Hon’ble Madam Justice Anita Usacka(Latvia), Judge, International CriminalCourt, The Hague, receiving theConference Mementoconsidered by the international community to be amongst the most serious. In particular,these include a form of war crime consisting in launching an attack, in the knowledge thatit will cause long term and severe damage to the natural environment. This particularform of war crime has been inspired by Articles 35 and 55 of Additional Protocol I to the1949 Geneva Convention. While it is intended to condemn and punish means of warfaredirected against the natural environment, its application is limited to some extent andconditional to a number of requirements.In order to apply the previously mentioned crime, it must be established that the crime inquestion was committed in the context of an armed attack and as part of a large scalecommission or a policy. Moreover, it has to be committed in the context of an internationalarmed conflict. In order for the Court to have jurisdiction of this crime, the damage caused has to be long-term and severeand it has to be unproportionally high compared to the concrete and direct overall military advantage anticipated to beachieved by the attack.It aught to be mentioned that for the purposes of the present legal norm, the concept of “natural environment” should beunderstood in the widest sense to cover the biological environment in which a population is living. It does not consist merelyof the objects indispensable to survival, such as foodstuffs, agricultural areas, drinking water and livestock, but also includesforests and other vegetation, as well as fauna, flora and other biological or climatic elements.However, bearing in mind the limits imposed on the punishment of war crimes directed against the natural environment, onemay reflect whether the Rome Statute should be amended in the future in order to allow the ICC to act on a wider scalewhen it comes to protecting the environment from excessive damage caused by armed conflicts and, ultimately, in safeguardingthe children’s right to inherit a safe and healthy ecology.I would like to stress that according to the International Convention on the Rights of theChild, ratified by 192 countries, States Parties have the obligation to fully implement theenvironmental rights of the child. I believe that any future amendment of the RomeStatute and any criminal trial proceedings conducted before the ICC should take intoconsideration the obligations of the international community to provide for utmostprotection of the natural environment for the sake of our children and their future.It is with satisfaction that I note the international community’s increased awareness ofthe need to protect the natural environment. There is a growing consensus regarding thenatural environment as a basic good belonging to humanity as a whole deserving utmostprotection. While a number of international instruments deal with the protection of thenatural environment during peace times, International Humanitarian Law offers an effective tool for the protection of thenatural environment during times of war. By means of an institution like the International Criminal Court, these laws can beenforced throughout almost 100 States that have ratified the Rome Statute.The work of the ICC, but also its mere existence and its jurisdiction to punish the perpetrators of the most seriousenvironmental crimes will have a deterrent effect and contribute in avoiding excessive destruction of the natural environmentduring armed conflict.Honourable Judges, ladies and gentlemen, I thank you very much for your kind attention.Hon’ble Madam Justice Anita Usacka(Latvia), Judge, International CriminalCourt, The Hague, addressing the PressConferenceThe fundamental idea is that mankind is the godhead to be worshipped andserved by man and that the respect, the service, the progress of the humanbeing and human life are the chief duty and the chief aim of the human spirit.—Sri Aurobindo--36--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Nestor NiyongaboDeputy Chief Justice of Supreme Court of Burundi[English translation of the text of speech delivered in French]By being invited by City Montessori School, to the 5th International Conference of ChiefJustices of the World we feel highly honoured. We are delighted to announce ourparticipation in such highly appreciated forum.We are grateful to CMS and hope our contribution will be fruitful in regard to thetheme “enforceable international law is the idea whose time has come”As far as Burundi is concerned, our country is undergoing 10 years of civil war andtherefore children rights are worsening because of challenges related to the weakness ofthe international law that endanger the future of our children.Hon’ble Mr Justice Nestor Niyongabo,Deputy Chief Justice of Supreme Court ofBurundi receiving the Conference MementoWhereas Burundi have already ratified the mostimportant international judicial instruments such as Convention of the rights of the child,the status of the International Criminal Court(icc), and commitment to safeguard Burundi’schildren are meaningful.According to UNICEF report thousands of childrenare victims of violence, exploitation, abuse and neglect.That threaten their well-being as street kids, orphansof war, abandoned children in conflict with law,children without primary care givers they include, rape,forced pregnancy, abduction, child soldiers, childrenimprisoned without any special protection measure...The time has come and the big challenge is to end up the war, to rehabilitate socialwelfare infrastructures, to raise the rate of children education, to increase povertyalleviation, to guarantee the juvenile justice and ban the recruitment of child soldiers soas to build a country fit for the children. Thank you and God bless you.Hon’ble Mr Justice Nestor Niyongabo,Deputy Chief Justice of Supreme Courtof Burundi addressing the ConferenceHon’ble Mr Justice Nestor Niyongabo,Deputy Chief Justice of Supreme Courtof Burundi at the ConferenceMan must be sacred to man regardless of all distinctions of race, creed, colour,nationality, status, political or social advancement. The body of a man is to berespected, made immune from violence and outrage, fortified by science againstdisease and preventable death.— Sri Aurobindo--37--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr. Archibald Lesao LehohlaThe Deputy Prime Minister and Minister of Home Affairs andPublic Safety of the Kingdom of LesothoIt is with great honour that I address you as a guest to this conference, and I wouldconsequently like to associate my voice with the voices of speakers who took the floorbefore me, in registering on my behalf and on behalf of the Government of the Kingdomof Lesotho, our appreciation to the City Montessori School, for organizing and hostingthe 5th International Conference of Chief Justices of the World in this beautiful country.It is indeed a gathering of this magnitude of eminent peace promoter from every corner ofthe globe, which demonstrates the growing global support for the efforts of the CityMontessori School to provide a platform to world judiciary to come together and discussissues of safeguarding the future of world’s children and generations yet-un-born, bysupporting children’s call for a legally constituted World Parliament, duly empowered toenact enforceable International Law.The need for a forum or mechanism to enforce international law and ensure that laws are not abused has been debated inmany gatherings. What is becoming clear is that the world does acknowledge the need for such a forum, more so when theissues effecting children are concerned, and which will place at its apex an agenda for peace.The table for Unity and Peace Conference will amongst its key agenda items addresses the feasibility of the establishmentof a World Parliament for Children of the World. It immediately becomes apparent that surrender of state sovereigntycomes to the fore, to the extend that the World Parliament for Children as envisaged here will engineer an agenda forchildren’s peace.States, by their own nature, are very protective of their sovereignty, but it is my belief that for issues touching on theenforceability of norms of international law, such claims of sovereignty should give a chance for peace building efforts.Perhaps we should also get inspiration from the good practices that other international bodies have already embarked uponto achieve the peace agenda for the sake of our children.In May 2002, a Special Session of the United Nations General Assembly on Children took place in New York. TheSpecial Session culminated in an international agreement on protecting and promoting children’s rights, known as “A WorldFit for Children”. The World leaders unanimously embraced a set of time - bound goals for children which include promotinghealthy lives, providing quality education, protecting against abuse and combating HIV / AIDS.Four years ago, we adopted the Millennium Declaration and the Millennium Development Goals respectively. These coverpeace and security, environment, human rights, environmental degradation and protection of children, poverty, illiteracy,and the spread of HIV / AIDS, which is becoming the greatest threat to life itself, particularly on Sub-Saharan Africa.Various Conferences have been held to find ways and means on how to combat poverty, and these include the Financingfor Development Conference which was held in Monterrey and at Johannesburg on Sustainable Development.Most countries of the world are parties to the United Nations Convention on the Rights of the Child. There is the committeeon the Rights of the Child which is the monitoring body to ensure the promotion andprotection of children’s rights.There is also the NGO Group for the Convention on the Rights of the Child which is acoalition of international non-governmental organizations whose aims, amongst others, isto facilitate a flow of information between the Committee on the Rights of the Child,concerned United Nations bodies and the NGO Community. The African Charter on theRights and Welfare of the Child also addresses the rights of African children.Hon’ble Mr. Archibald Lesao Lehohla,The Deputy Prime Minister, Kingdom ofLesotho receiving the ConferenceMementoHon’ble Mr. Archibald Lesao Lehohla,The Deputy Prime Minister, Kingdomof Lesotho addressing the ConferenceThe World Conference of Women Parliamentarians for the protection of children andyoung persons which took place in Rome this year took note of the fact that childrendemand, recognition as human beings whose needs should be fulfilled for them to become--38--

a part of society by being given good education, good health care and proper nutrition.At the recent First Review Conference of the Ottawa Treaty which was held in Nairobi,Kenya, it was noted with concern that antipersonnel land-mines pose a threat to childrenwho are being injured, killed and orphaned. More often than not, there is inadequatemedical treatment and such children are often pulled out of school, limiting theiropportunities for socialization and education. The discrimination they face limits theirfuture prospects for education, employment or marriage.While we may take stock of our successes with pride, there are still a lot of challengesHon’ble Mr. Archibald Lesao Lehohla,The Deputy Prime Minister, Kingdom of that still lie ahead because hundreds of millions of children across the globe suffer eachLesotho addressing the Press Conference year from the root causes of the world’s insecurity today which is international terrorismand armed conflicts. There are cases of children in forced and bonded labour, childrenwho are sexual1y exploited, trafficked, those used as soldiers and those subjected to violence outside of armed conflict.In order to actualize the resolutions of the summit, Lesotho developed a National Plan of Action for children (NPA). Thereis the Multisectoral Task Force comprising of key Government Ministries such as Finance and planning, Health, Education,to mention but a few, which drew up goals for the sole purpose of identifying and allocating resources for children’sprogrammes on, inter-alia, increasing education targets for children, decreasing child mortality, improving child protectionthrough good nutrition, undertaking measures to respect International Humanitarian Law for the peace of the world’schildren.The Government of Lesotho has not been left behind in building a socio-economically secure and peaceful environment forchildren through holistic development and protection programmes. Towards this endeavour, the Government ratified theConvention on the Rights of the Child (CRC) in 1992 and submitted her initial report on the implementation of the Conventionin 1998. The report which was examined in 2001, culminated in a model legislation of protection on children’s rights. TodayLesotho has introduced the free primary education programme, a draft bill on the protection and welfare of children, whichtakes on board the protection of children with HIV / AIDS, children with disabilities, child orphans to mention but a few. AnNGO coalition dealing with children’s rights has been established and is working well with the Government. In order toaddress the national disaster of HIV / AIDS, the Special Envoys of the Secretary-General of the United Nations, on HIVand AIDS, and the Humanitarian Crisis in Southern Africa, visited Lesotho and through their efforts, a robust programmeof anti-retroviral treatment and food supply for the vulnerable and orphaned children was made possible.The issue of state responsibility should also be taken into consideration. A state is responsible if it fails to honour a treaty.The issues around the interests of children embodied in treaties should be treated with outmost responsibility by states.These issues of protection of children are becoming so deeply rooted in the conscience of mankind that they are becomingparticularly essential rules of general international law.With these ideas in mind, Chairperson, and under guidance from Article 51 (c) of the Constitution of India, the State ischarged with the responsibility to safeguard the interests of our children. Modalities like the World Parliament for Childrencould be looked into to achieve this noble goal.You will agree that the General Assembly Resolutions may be related to customary international validation of a customaryrule i.e. practice or usage and opinio juris. Unless one takes the extreme and untenable position that only physical actsconstitute practice, General Assembly resolutions which are collective pronouncements of States must be considered apart of state Practice.State practice is commonly defined as any act or statement by a state from which views about customary law can beinferred. It may be evidenced either in declarations of general principles or in resolutions dealing with particular cases.Resolutions that are adopted unanimously or nearly unanimously carry considerable weight as interpretations of the Charterand statements of law. Another relevant factor to the weight and effect of resolutions is their repetition or recitation insubsequent resolutions. The repetitive factor demonstrates continuity. So in general, resolutions on issues relating to childrenfall under the category explained above and therefore are forming part and parcel of customary international law.Nonetheless, chairperson, We do believe that discussions should continue around this issue of the World Parliament forChildren, so that nations can engage each other further and devise mechanisms for ensuring the enforcement of internationallaw, especially on issues of peace, for the good of our children and those yet to be born.--39--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Khalafall El-Rasheed Mohamed AhmedFormer Chief Justice of SudanThe theme of the conference as envisaged in the letter of invitation is the need forEnforceable International Law. It has been said that international law is not law becauseit is not promulgated by a recognized law-making body and it is not enforceable by acentral power. Yet this is not a truism that cannot be circumvented.Treaties now comprise the main source of international law and states parties to thosetreaties must be bound by them. Treaties operate on the strength of the maxim PACTASUNT SERVANDA. i.e. that the provisions of the treaty should be executed in goodfaith. If a state fails to carry out its obligations under the treaty, there may be no real wayHon’ble Mr Justice Khalafall El-RasheedMohamed Ahmed, Former Chief Justiceof coersive measures to be taken to enforce the treaty. Of course, sanctions could be of Sudan addressing the Conferencetaken against the delinquent state. But how far such measures go is a matter governed bythe particular facts of the situation. The effect of the measure may not be apparent in the crucial time for real enforcement.However international law has hitherto been working reasonably well. But there are some obstacles that might affect thesanctity of international law viz.:(1) The VETO exercised by the permanent members of the Security Council who in reality fund the United NationsOrganization.(2) The limited number of the Security Council membership.(3) The ineffectiveness of the majority of the members of the UN and their inability to contribute to the finance of theorganization,(4) The absence of a military or police force belonging to the UN which can be deployed when needed to deter atransgressor.Be that as it may, international law has suffered a severe set back because of the invasion of Iraq by the United States andBritish forces. The UN was ignored and even dismissed as almost irrelevant. Third world states faith in the global organizationwas severely shaken and they nearly despaired in its future.I do not want to blow the horn of doom. I am optimistic by nature and do repose confidence in the wisdom and ability ofmankind to forge a better and humane world. This concept is based on the very nature of the evolution of international lawand its ability to react with the reality of the situation that arises. Add to this the realization of the modern world that theyneed to coexist in peace. A corollary to this, mutual interest and shared values must be respected and safeguarded.Globalization however resisted and mistrusted, transcends national boundaries and transnational companies are paradoxicallylinking the peoples of the world without offering to them any real reward for accepting them.It is common understanding that in the final analysis people are convinced that the realities of life urge them to hoist acommon flag. Not long ago, the Indian Judge PAL opined” the federation of mankind based upon the external balance ofnational states, may be the ideal of the future and perhaps is already pictured in the minds of our generation.... It cannot bedenied that in one sense customary law, statute and juristic law are shoots from the same slip, namely, popular consciousness.In this sense the center of gravity of the development of all law.... can be placed in the legal consciousness of a people”.Judge PAL thought that a world authority could only be realized if the states (political units) agree to yield their sovereigntyand form themselves into a society.--40--

As we have advanced that the US did not recognize international law and ridiculed theglobal organization at the inception of the invasion of Iraq, but they came back to theirreason, after the invasion. Though the US refused to give the UN any role in Iraq now theUN is an indispensable partner, both in June 30 transition and in preparing for election.Hon’ble Mr Justice Khalafall El-RasheedMohamed Ahmed, Former Chief Justiceof Sudan being honoured at thereception by Supreme Court BarAssociation at New DelhiThus the UN crippled and ignored, is limping back and international law seems to surfacebehind the cloud of smoke that is now gradually disappearing. That is a good sign. The USknow very well that they cannot protect their interests by force. I cannot imagine that theycan deploy their armies in every corner of the world to guard their interests. The onlyguarantee is to share interests and befriend nations rather than coerce them by missiles andtanks.In the words of Henry Kissinger: “No nation, no matter how powerful, can organize the international system by itself.....Thegoal of the US foreign policy must be to turn dominant power into shared responsibility”. That is a wise and encouragingadvice which I hope it will be well taken at the policy making centers.Our shared responsibility and our common interests oblige us to join forces to fight international terrorism. To effectively doso terrorism must be precisely defined and its perimeters duly demarcated so that terrorism is not rendered into a phantomthat cannot be seen or felt so that it is difficult to be gunned down without spreading disaster to innocent quarters.I think that a global law-making body is not an unachievable target if the world is made aware of the dangers pertaining totheir beloved children and their mutual interests. It may take time to realize and evaluate the real human ties in the light of ourshared responsibilities.Article 51 of the Indian Constitution paves the way by shedding light on the substantial endeavour of the state especiallyfostering respect for international law.Now the non-governmental organizations are playing an important role in orienting people about the UN. We establisheda society of the United Nations, the principal aim of which is to make people aware of the importance of the UN for thepeace and security of the world. Such an NGO is one of the steps to foster respect for international law. States must showrespect for international law by religiously fulfilling their obligations under the treaties they sign. As we take for example theRights of the child as envisaged in the Convention of the Rights of the Child 1989, we find the response of the states isencouraging. In the Sudan a law is passed in 2004 incorporating the provisions of the convention.We are told that: “It may be noted that the CRC the sole human rights treaty to which all Asian countries have acceded”.The universal declaration of 2000 raised the standard “Children rights first” and a plan of action has been drawn toimplement the provisions of the convention.Now resort to arbitration has become frequent and a number of arbitration centers are established. As international tradeincreases, the need for arbitral tribunals increases. The W.T.O. has its own tribunals and can enforce their awards withoutresorting to municipal courts to do so. This is tacitly accepted as a fact of life and no objection has been raised. Are we nearto forming ourselves into a society?I object to violence because when it appears to do good, thegood is only temporary; the evil it does is permanent.—Mohandas K. Gandhi--41--

5th International Conference of Chief Justices of the WorldAddress byHon'ble Mr Justice A.K. MathurJudge, Supreme Court of IndiaI shall begin my address with the expression from Indian scripture i.e. “Om Shanti—Om Shanti— Om Shanti”, the expression here ‘Om Shanti’ is a message to the worldthat ‘Let the peace prevail all over the world’. Article 51 of the Constitution of India isnothing but a manifestation of the Indian habitat and culture. Right from the beginningIndia is propagating a message of peace. I’ll take you back to heritage and ancient history,the ‘Bhagwad Gita’ that forms Magnus Opus epic of Hindu religion and accepted allover the world, that is, it contains a universal truth. The ‘Gita’ says and gives the messageof peace for all mankind. Looking back to the Indian history, the first name that comes tomy mind is Ashoka the Great. There are very few emperors in the world who are designatedas ‘Great’. Ashoka after seeing the devastation of the Kalinga war, renounced wars andtook up the path of peace. He spread the message all over the world through Buddhism.Today, Buddhism has been accepted world over as a religion that preaches non violence and peace.Hon’ble Mr Justice A.K. Mathur, Judge,Supreme Court of India addressing theConferenceFrom Buddhism I come straight to the 19th century where Mahatma Gandhi the ‘Father of the Nation’ spread the messageof peace. Gandhi’s philosophy was that through the peaceful and non violence means India can achieve independence. ThisMessage of peace is now incorporated in Article 51 of Constitution as one of our foreign policy. The foreign policy of Indiais committed to the world peace and infact if we go back to history of incorporation of Article 51 in the Constitution, itrelates back to the 30th November 1939, the famous Havana conference. In the constituent assembly a draft wasprepared and sent to the assembly which reads “That state shall promote International peace and security by elimination ofwar as an instrument of national policy by the prescription of the open, just and honorable relations between nations by thefirm establishment of understanding of international law as actual rule of conduct among the government and by the maintenanceof justice and scrupulous respect for treaty obligation in dealings of organized people with one another.” This was themoving spirit based on the Havana conference which was delivered to the constituent assembly and keeping in thatbackground, the Article 51 came to be incorporated in Indian Constitution and I will quote Ambedkar who said withregards to the incorporation of this article “that the proposition contained in the new article are so simple it seems to besuperb arrogation to try to explain them to the house by any lengthy speech for the whole thing was summarized and whatmessage was given to our constituent assembly and on that background this article was incorporated which contains thetruth of life that if one want to survive in this world then it is only peace and non-violence methods that can take the worldto the advancement” .Pt. Jawaharlal Nehru took the message of the peace all over the world and implemented this article in letter and spirit andbelieved that peace should prevail all over the world. There should be harmony between mankind and territorial borders ofthe country should not endanger the peace and brotherhood. India has good fast track for this and after independence ofthe country we first took them to China, in ‘Panchsheel’—where the five principles were initiated and one of them was tomaintain peace and harmony between the nations. Therefore India has always been avotary of the peace. India had always maintained a cordial relation with the nations andrespected International Law and treaty obligations in all spheres. Even Indian courts havealways respected the International Law so long as it was not in conflict with the laws of thecountry.Hon’ble Mr Justice A.K. Mathur, Judge,Supreme Court of India being welcomeat Lucknow Airport upon arrivalIndia has adopted various international conventions incorporating legislation in order toeffectively implement them and I shall refer to some of the Acts. The first and foremost thatcomes to my mind is the Protection of Human Rights Act of 1993. The said act wasenacted in pursuance of International Convention for Civil and Political Right and human--42--

Hon’ble Mr Justice A.K. Mathur, Judge,Supreme Court of India receiving theConference Mementoaspiration adopted by the General Assembly of the United Nations on 16-12-1966.The Human Rights Commission at the national level and at the state level in our countryis effectively performing and I would say very yeomen’s service being dispensed by thisinstitution. Next, that comes especially with the regard to retarded children, the IndianParliament also enacted Acts, ‘Persons with Disabilities, Equal Protection, Protectionof Rights and Full Participation Act 1995’ in pursuance of the Convention held at theAsian-Pacific Decade of the Disabled Persons convened by the Economic and SocialCommission for Asian and Pacific Region held in Beijing on 1st December 1992. Indiawas signatory to the said convention and it was declared that States should be responsiblefor the prevention of disabilities, protection of human rights, provisions for medical care,education, training, employment and rehabilitation of persons with disabilities and toremove discrimination against the persons with disabilities in sharing development benefits and to counteract any situationof abuse and exploitation of the persons. Therefore the concern of India for the human development is fully reflected byparticipating in this convention and implementing the same in India by enacting the aforesaid Act. Next, India is alsoconcerned about the environment to which reference was made, that humanity can live peacefully and without violating andendangering the laws of nature in any moment. The Environment Protection Act 1986 was enacted to give effect to thedecision of UN Conference on Human Environment at Stockholm. Similarly, also a Wildlife Protection Act was amendedand specially in order to give a boost to the maintenance of flora and fauna of India, the conviction on international trade inendangered species of wild flora and fauna, imposing complete ban on trade in ivory including imported African ivory toprotect the Indian elephant. That was a review to show that the Constitution of India respects the International Conventions,enacted laws so as to enforce the international conventions in India.Some of the international crimes which have been out to destroy the humanity, have also been taken care of by IndianParliament and to counter the same a law was enacted, known as ‘Narcotic Drugs and Psychotropic Substances Act1985’. This was enacted in pursuance of the Convention of the Psychotropic Substances of 1971. The drugs is a greatestmenace of the century and this would destroy the very existence of humanity if it is not checked in time. This evoked a greatresponse in India and the Parliament without any delay enacted the Act of 1985 to check this menace. Similarly, conventionwhich brings people together was also jeopardized by the act of unlawful activities of the people. Therefore, the Suppressionof Unlawful act against the safety of Civil Aviation 1982 was enacted to give effect to Convention on suppression ofunlawful acts and safety of civil aviation known as Montreal Convention of 1971. And then there was another enactmentto which I shall refer. That was the Anti Apartheid Act and punishment for the same. Then there was another enactmentwith regard to suppression of crimes against child. Therefore we can enumerate any number of enactments which theIndian Parliament has passed respecting international conventions. India has been always respectful to the internationalconventions and we have, as far as possible, tried to enact municipal laws in order to enforce international conventions. TheIndian record, one can say with greatest pride, is the greatest contributor for the development of international understandingand cooperating with the international conventions. These are only some of the conventions that I have brought to yournotice but at the same time I may also remind you that Indian courts are also very very active in enforcing internationalconventions. And in that regard especially I shall refer to a recent decision regarding checking the degradation of theenvironment and the illegal activities of the people who are out to destroy our environment and the flora and fauna. InVellore Citizen Welfare Forum Vs Government of India, 1996 1st Supreme Court pages 6-7, Your Lordship accepting theinternational concept of sustained development held that the traditional concept that development and ecology were opposedto each other is no longer acceptable, that sustained development is the answer. In the international sphere sustaineddevelopment is a concept that came to be known for the first time in the Stockholm Declaration of 1972. Thereafter in1987 the concept had been given a definite shape and World Commission on Environment and Development in its reportcalled “Our Common Future” the Commission has been chaired by the Prime Minister of Norway and as such, the reporthas been popularly known as the Brookland Report. All those conventions which go for development of the humanity havebeen respected by India and especially the Article 51 of the Constitution is a great saviour for the mankind and for restoringpeace and for maintaining peace and harmony. It is a different matter that the United Nations has failed, but we must keep--43--

Hon’ble Mr Justice A.K. Mathur, Judge,Supreme Court of India (second fromleft) at the Conferenceour hope alive that, by slowly and slowly and especially with the help of Afro-Asiancountries and other third world countries, we all unite together and sincerely commitourselves to the development of the international understanding and enforcing theinternational conventions. I hope that the first world countries who are opposing it willhave to lie down and will have to come in line with that. It is not that we should give upthe hope and only attack in despair of failure of United Nations. Institutions come andgo but if the spirit behind them is maintained and I think through these small beginningthat Mr Gandhi has done, if that spirit is taken further, I have hope, I will always cross myfinger that United Nations some day will be able to put things effectively and we shouldkeep our hope alive.I will not take too much of your time and only to conclude I would like to say if young boys who have performed so wellseeing their performance yesterday and today, I am deeply impressed by what this small institution is doing though it hasgone in Guinness Book of World Records as catering about 29,000 students and that’s no mean achievement. It goes tothe credit of Mr Gandhi that he is taking this school and through this school he is espousing the cause all over the world andsee that world peace and understanding is maintained and that the United Nations should take up the cudgel and stand upand say it is not that all hope is lost, we can still keep it alive and we can muster up the courage and cooperation of the worldfor enforcing international law and preparing international forum for the welfare of humanity as a whole. The very fact thateighty nations are represented here today itself is a great achievement and shows that people all over the world areconcerned for development of the international law and for peace and development of the humanity as a whole. I am veryhappy to be here this morning and last evening also and I am sure that the young boys who have done a wonderful job willkeep up the spirit however it may in low key but some day, if not in my life time but some day, this message will be heardin the proper quarter and Mr Gandhi’s name will go down in history that he started this small but ultimately achieved greaterheights. I am very grateful to you and I am very thankful to you for inviting me here. Thank you.Cultural presentation by CMS students at the Welcome Function in honour of theparticipants of the 5 th International Conference of Chief Justices of the World--44--

5th International Conference of Chief Justices of the World.Address byHon’ble Dr. Justice Armando Bermeo CastilloChairman, First Labour & Social Court, Supreme Court of EcuadorThe application of the international principles related with the ideals of peace, mutualrespect and comprehension established in the United Nations Charter as well as in theUnited Nations Educational, Scientific and Cultural Organization (UNESCO) Constitutionhas signified important efforts form this and other instances to inspire present andfuture generations to carry-out an active role in the creation of a more human, just, freeand prosperous world apart from war and violence, as an essential objective of a Peacebased World Civilization.Respect, for both human rights and peace is tightly related but manifested more as adream in a world subjected to a reality of violence, environmental destruction and war,where peace weakens, human rights are marginalised and ride roughshod over and thesignificant and evident advances in science, technology and communications, many times, become estranged of their mainpurpose of progress and benefit for mankind, to become a serious threat of destruction and manipulation.The road towards a Culture of Peace requires facing every manifestation of violence, disrespect of human rights and socialinjustice in each and every realm of human interrelation since all of them go beyond our national, labour, personal and familyborders; understanding, in this last case, that the family is the core of society and the initial growth and developmentenvironment of the individual, where children find their first referrals for coexisting, well-being and protection.I strongly believe that participating over an IDEA whose time has come, as requested by the children of the world,according to the Lucknow Declaration adopted on December the 14th. 2003 by the IV International Conference ofSupreme Court Chief Justices of the World, reasserts our compromise with childhood and adolescence, having as aframework the Convention on the Rights of the Child, the main instrument of international protection, massively ratifiedsince 1989, in all its comprehensive group of regulations regarding children being the holders of rights, mainly health, wellbeing,education and recreation within a loving, comprehensive and happy surroundings.Being here means identify, share and impel initiatives for the strengthening of International Law towards safeguarding thefuture of the children of the world considering that their development, protection and well-being are not guaranteed neitherwith political nor economical agreements but with strong commitments of permanent and constant action executed by everycountry whose basic condition will be the dignity of life.Ratification of the Convention on the Rights of the Child by 192 countries, being the framework of administrative, legal,methodological and national legal systems transformation in each and every subscribing countries within their own socioeconomic,cultural and historical realities, leads us to meditate, in this moments, about the effectiveness of its applicability,under a new and revolutionary perspective of the traditional idea of childhood, that hasgenerated the search of new methods to empower the integral and unrestricted care ofchildren, both, as holders of rights and of duties.Hon’ble Dr. Justice Armando BermeoCastillo of Ecuador (extreme left)addressing the Press ConferenceHon’ble Dr. Justice Armando BermeoCastillo, Chairman, First Labour & SocialCourt, Ecuador addressing the ConferenceThe Plan of Action of an “appropriate world for children”, of the Especial Session of theGeneral Assembly of the United Nations in favour of the infancy taken place in 2002pursue, the best foundation of future life for the children, access to a quality basiceducation and creation of opportunities for development of their individual capacity,between other 21 goals of progressive accomplishment for the next ten years.--45--

Hon’ble Dr. Justice Armando BermeoCastillo, Chairman, First Labour & SocialCourt, Supreme Court of Ecuador receivingthe Conference MementoIn this sense, the need arises to review the application of the Convention on the Rights ofthe Child, in a parallel action with the application of the Convention for the elimination ofall forms of discrimination against the woman, both part of the international legislationsystem, jointly with other safeguard instruments as the United Nations Charter, theUniversal Declaration of Human Rights, International Covenant of Civil and PoliticalRights, International Covenant of Economic, Social and Cultural Rights and the 2000Manifest, and require, again, from the international community the full implementation ofchildren rights with concrete actions as well as long term purposes.Likewise, the fight for the complete eradication of recurrent problems as poverty, in allits dimensions, all manifestation of racial, religious, cultural and gender discrimination,because of physical or mental challenges or because of diseases as AIDS; and, each and every form of violence andexploitation against the exercise of the rights of the human being.This aspects shall be treated, in every case in a special way, promoting not only the protection of children and adolescentsbut of the family in an integral form, taking into consideration education, physical and psychological health of the individualsconforming it as well as total access of information about programmes aimed to create areas of improvement and care tochildren in situation of vulnerability; and, the adoption of legislative measures and law administration practices that overseethe well-being of children within their family, education and social realities.To talk about the world context, do not escape of the regional and even national reflection on the critical situations generatedby the impoverished economies of the majority of developing countries, situations driving progressive and massive migratoryprocesses that have, as principal human consequence, family fragmentation; and, in many cases, partial and total abandonmentof children and adolescents. In Ecuador, the rising migration, have as an implicit consequence, increased the cases ofabandoned children and proliferation of the social phenomenon of “juvenile gangs”, at the margin of the law.To think about childhood, is to think about the family; and to think about the family, is to think about the community andthinking about the community leads to think about the universal space of cultural development where each and every nationshare a common ideal of peace, harmony and non-violence.International relations, in the last fifty years, have been focused in the premise of “peace” being “not war” translating thispremise into policies of deterrence that have not approached the true problems of international instability; therefore, eventhough the danger of a new total war has been avoided, it has been impossible to eliminate the true causes of violence.Deterrence policies are not only insufficient but obsolete and inadequate as to face problems like poverty, external debt,terrorism, abandonment of vulnerable nations that are the sources and true menaces for the international order as well associal peace.Nevertheless, there are voices that refuse to be silenced and silences that want to leave its prison and the gag; voices that farfrom immediate and short range solutions, propose ones that feed hope, call to conscience and urge to the will and freedomto work for the construction of a world of unity and peace, with the defiant idea of a world united by PEACE, that createsconditions for the development of the complete dignity of the human being.To humanize, in the actual world context, is an uneasy task; but to educate in values is a humanizing and universal task; is notonly the capability of transmitting knowledge but the capability of achieving that such knowledge be assumed and reflectedin our own behaviour, attitudes and daily living; educate for peace is to participate of a new ethical, juridical and social orderthat pledge us to put in practice the universal principles of the peace culture, non violence and harmony, in such a way thatpromote peaceful interaction, social justice and complete democratic participation starting from the children, as they are thepresent and future of HUMANITY.--46--

Hon’ble Dr. Justice Armando BermeoCastillo, Supreme Court of Ecuador withLady Castillo at the premises of theConferenceTo that direction, all international initiatives aimed toward the protection and developmentof newer human generations, join others from the past and present that are actuallyin-force, as in the legislative field, the European experiment of an überstate and supranationalentity having, in the European Parliament and in its legislative activity -that surpassesthe classic concepts of compulsive legislation attached to the limits of sovereignpower of the national estates- its best example; the Andean Parliament, within the supranationallegislation of the Andean Community of Nations, constituted by the Latin-Americancountries of Bolivia, Colombia, Ecuador, Peru and Venezuela, whose parliamentariansare now elected directly by the voting of the people of these nations, notwithstandingthe fact that it does not have a compulsive supra-estatal legislative power; as in thefield of an entity that we might call the foundation of an “World Executive Power”, theresolutions adopted by the Security Council of the United Nations, of theoretical enforceability by all the states of theworld; and the actual initiatives to introduce deep reforms to this United Nations Organism and to all the World Community;as in the realm of justice administration, the International Criminal Court whose Constitutive Treaty qualified as internationalcrimes, prosecutable and punishable in a world level, to war crimes and crimes against humanity, even over theclassical boundaries of constitutional science, that grant only the State the power of administering justice; as well as, in thesame judicial field, the Inter-American Court of Human Rights, that has the power to condemn its constituting states, torepair and indemnify for damages caused to the people by each and every estate apparatus, in violence and breach of therights as stated in the Universal and Inter-American declarations of Human Rights or acknowledge as such by eachnational constitutions.To conclude, it is clear that Humanity marches towards one unequivocal course, even over the occasional obstacles anddelays, and when the days when a World Parliament exists, together with a World Executive Power and a World Court ofJustice, whose laws and decisions are executed, accomplished and enforceable, even over state and national powers, iscloser than farther in the future of our species.CMS students participating in the Global Vote for World's Children's prize for theRights of the Child organized by Children's World, Sweden--47--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Madam Justice Sophia AkuffoJudge of the Supreme Court of GhanaI bring you greetings from the Ghanaian judiciary, and, in particular, from Justice G.K.Acquah, the Chief Justice of Ghana, who, unfortunately, has been unable to attend thisconference and has sent me in his stead. It is, indeed, a singular honour for me to addressthis gathering of eminent persons, and participate in the discussion of a theme that hascrucial ramifications for the survival of Planet Earth and all inhabitants thereof. I commendMr. Gandhi, the City Montessori School and all other, who have made this meetingpossible, for their untiring efforts to keep before the public eye the pressing need toevolve a legal regime that would assure the children of the world, and generations yetunborn, of a safer world built on peace and sustainable management of the Earth’sresources, ecology and environment.In the pursuit of sustainable human development, the formation of the United Nationswas expected to assure the achievement of world peace, through the institution of law and order by consensus. Hence, inthe Preamble to its Charter, to which practically all countries are adherents, the following objectives are stated-‘to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind,andto reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men andwomen and of nations large and small, andto establish conditions under which justice and respect for the obligations arising from treaties and other sources of internationallaw can be maintained, andto promote social progress and better standards of life in large freedom…..’By the end of the 20th Century, however, the world had witnessed more than 250 conflicts of various kinds, the greaternumber of which occurred after World War II. These conflicts, according to some estimates, resulted in 75,000,000 –170,000,000 deaths (M. Cherif Bassiouni, ‘Combating Impunity for International crimes’. 71 U. COLO. L. REV. 409(2000)). The overall resultant casualties, injuries, damage to property and human dislocations are inestimable. Some ofthese conflicts are still on going and have increased in magnitude. Thus, it is estimated that over the last six years the conflictin the Democratic Republic of Congo has resulted in 4,000,000 deaths – a staggering average of 1,000 people per day!Whilst such conflicts sometimes involve state actors, many involve non-state actors. Many of these conflicts have had thetendency to spill over into neighboring countries and often threaten regional security. Despite the inconceivable sufferingand humanitarian violations that such conflicts have visited upon residents, yet in some cases, the perpetrators have managedto escape with impunity and rather, benefited from their activities for reasons of political expediency.On behalf of all children of the world, the students of City Montessori School have articulated their concern and heartfeltfear that:-‘… humankind might perish either in a nuclear holocaust or in an eco-catastrophe.’Hon’ble Madam Justice Sophia Akuffo,Judge of the Supreme Court of Ghanaaddressing the ConferenceThat our children should harbour such concerns and fears, is a serious indictment on all adults. It means that we have failedto put in place effective mechanisms and institutions that, from the present standpoint, give the children any assurance orjust expectation that they will survive into healthy adulthood and that there will even be a viable world environment tosustain them and their children’s children. And how can we blame them for harbouring such fears when on a daily, and evenhourly, basis they are assailed with images and sounds of war, social disruption, armed conflict, international terrorism,streaming lines of refugees in utter dejection? They read and listen to news of ethnic cleansing, human trafficking, international--48--

Hon’ble Madam Justice Sophia Akuffo,Judge of the Supreme Court of Ghanaat the Conferencepaedophile rings, massive and debilitating pollution, stockpiles of nuclear warheads andother weapons of mass destruction in the hands of numerous states and non-state groupsand individuals. They read statistics of the accelerated depletion rate of the earth’srainforests. They have observed, the reduction in the average annual rainfall and foodproduction, and they live in an age of a rapidly expanding rate of desertification… Thetragic and disturbing list goes on and on; I am an adult, yet the present state of the worldscares me too. Admittedly, some of these frightful conditions are natural, however, we allhave to admit that most of them are the direct result of human behaviour and failures and,thus, controllable.The children have, therefore, appealed to the judiciary of the world, to support their callfor a new world order – an equitable and enforceable world order – wherein respect for international law will have realmeaning. They have called on us to advocate for the establishment of a ‘World Parliament’ that is legally empowered toenact laws that will be as applicable internationally to all nations and peoples of the world, and as effective as domestic lawsare applicable in sovereign states.The governance structure created by the Charter of the United Nations did not make room for legislation backed byeffective enforcement to achieve the objectives reflected by the Preamble. This has been one of the most critical shortcomingsof the United Nations system. In effect, and for the purposes of assurance of peace, security and survival, therefore,international law under the Charter (and the bodies of international law that have spun off from the Charter) did not advancevery far from classical international law. It is still based on sovereign will. And with the composition of the Security Counciland the veto power of its five permanent members, who amongst themselves control the bulk of the world’s nuclear andweapons of mass destruction capacity, it is arguable that there is no difference from pre-World War II power diplomacy.In many ways, International Law, as we know it, is and has always been more of a doctrine on the basis of which sovereignstates agree (subject to such reservations as they may choose to make) to be bound by specified treaties, agreements andconventions. And although there are bodies of practices which have over the years and decades evolved into what aretermed ‘customary international law’, adherence to them and their observance are principally founded on the will of sovereignstates and are therefore, purely consensual and voluntary, rather than driven by effective enforcement. Recent world eventshave more than amply demonstrated, where needed, that if a State is powerful or daring enough, it can plough tracksthrough international norms and customs with impunity.As far back as 1967, Professor George Schwarzenberger, in discussing the requirements of a world order, observed that:-‘In order to adapt international relations to the requirements of a changing world, international legislative orquasi-legislative organs with discretionary powers are indispensable…..’The world has changed drastically since 1967. The scope of inter-relationships and inter-dependence amongst humankindhas become more immediate and intimate than ever before in the history of this planet. Hence, the need to establish aneffective international legislature to govern international relations and assure real international order based on universallyapplicable laws is even more pressing. In course of the globalization of the world, a number of critical changes have alsooccurred which are too extensive to be enumerated here. However and most frightfully, these changed realities include the‘privatisation’ of the means to initiate nuclear holocaust or unleash weapons of mass destruction. Apart from weapons thathave not been satisfactorily accounted for since the collapse of the Soviet Union, and the missing contents of weaponmakinginstallations in other parts of the world, the know-how for home-spun weapons of mass destruction is available onthe internet. Demonstrably, the initiation of war is no longer the exclusive preserve of sovereign states; rather, it is now withinthe capability of groups of individuals who are outside the effective control of any organized state system.At first blush, the idea of an international legislature, with the power to enact internationally enforceable laws, seems to flyagainst the fundamentals on which the current international law regime is built, particularly sovereignty. However, where isthe sanctity or reality of state sovereignty in our present times when a single act of terrorism in one country can have--49--

immediate and far-reaching effect on world economy, security of persons, value of property,etc?; when conflict in one part of the world can lead to the destruction of life and propertyin a far distant country not remotely involved with any of the parties to the conflict?; whenthe wanton use of natural resources and uncontrolled pollution has endangered the globalenvironment and decreased the capacity of numerous states to deal with the ravages ofpoverty?; when the outcome of elections in one country has the potential to crash adistant country’s stock-market; when the value of national currencies are largely influencedby occurrences in far off countries whose existence might be quite unknown to statecitizens most intimately affected by the devaluation of their purchasing power. Paradoxically,therefore, the preservation of national sovereignty and survival now may require thatstates give up part of their sovereignty for the greater good.The emergence of Regional/Continental arrangements of various patterns since World War II, with parliamentary institutionswhich have the power to make enforceable laws, such as the European Union, the Economic Community of West AfricanStates and the African Union, reflect a recognition that, in the pursuit of common interests, it is possible for nations to giveup part of their sovereignty in the pursuit of effective solutions to supra national issues (e.g. the development of regionaleconomies, the regulation of the movement of people, the control of criminal activity and the protection of fundamentalhuman rights). This is a positive evolutionary trend which needs to be developed to its logical extent on a global level, by thecreation of a World Parliament, as soon as possible.In the meantime, we, as members of the judiciary of our various countries, need to deem it a part of our functions topromote and advocate for the general application of international law, principles and standards in our various jurisdictions.In this manner, we can help to develop, amongst the citizenry, a habit of respect and observance of international legal normsand principles.The Directive Principle enshrined in Article 51(c) of the Constitution of India, which forms the springboard for our deliberationshere, requires the State to endeavour to foster respect for international law. Likewise, the Constitution of Ghana containsDirective Principles of State Policy which, in Article 40(c) enjoin the Government of Ghana to:-‘promote respect for international law, treaty obligations and the settlement of international disputes by peaceful means;’‘adhere to the principles enshrined in or as the case may be, the aims and ideals of:-(i)(ii)(iii)(iv)(v)the Charter of the United Nations;the Charter of the Organisation of African Unity;the Commonwealth;the Treaty of the Economic Community of West African States; andany other international organizations of which Ghana is a member.’Similar provisions are enshrined in the Constitutions or statues of other countries. Such provisions are often not consideredto be enforceable in and of themselves; yet, they are salutary Principles by which we, as adjudicators, need to be guided ifwe are to contribute any meaningful answer to the call of the children. We are in a new millennium and we cannot expect tolive in the past and make a difference. Solutions that worked in the past do not necessarily remain viable or relevantresponses to present and future challenges. We have to reinvent ourselves and the way we do things so that we can leavea better world for the children and generations yet unborn.During the 1st Plenary Session of this Conference, the children sang these words:-“A plea for one world is heard in many different landsThis is the plea of a world that is hungry for peace”.Hon’ble Madam Justice Sophia Akuffo,Judge of the Supreme Court of Ghanabeing presented with the ConferenceMementoI hereby add my voice to this plea. May God bless the children of the world and give them peace and prosperity.--50--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice N.E. DissanayakeJudge of the Supreme Court of Sri LankaIt is a great honour for me today, to represent the Hon’ble Chief Justice of my Country,Sri Lanka, at the 5th International Conference of the Chief Justices of the world held atLucknow, India. The yeoman service rendered by Mr. Jagdish Gandhi in organizingconferences of this magnitude for the 5th time in succession, all for the sake of world’s 2billion children, to make their future safer from the stockpile of 36000 nuclear bombs andother weapons of mass destructions is laudable.I who am a follower of the teachings of the greatest son of India Gautama Buddha, whopreached the doctrine of “Ahimsa”, consider myself extremely fortunate to be in thisblessed country, and particularly to be in Lucknow which is not very far away fromBuddha Gaya where Lord Buddha lived, attained enlightenment, preached to the worldthe principles of Buddha dhamma before attaining Niravana, the ultimate goal of everyHon’ble Mr Justice N.E. Dissanayake,Judge of the Supreme Court of Sri Lankaaddressing the ConferenceBuddhist i.e. to stop being reborn in samsara so that it will end the suffering of the worldly miseries and misfortunesinherent in worldly life.As a result of King Asoka the Great of India sending his son Reverend Mahinda and his daughter Reverend Sangamittawho had been ordained as priests, in Dharma Wijaya to Sri Lanka, some of us in Sri Lanka were fortunate to beBuddhists by birth.Quite apart from the religious connections our history has it that some of our great ancestors being descendants of KingWijaya, who had come from India. A section of our population are descendants of Dravidians from South India, who hadmigrated with the Chola and Pandiyan invasions of our country. As a result of our aforesaid ancestory we have commonsocial, religious and cultural practices with India.There is yet another thing that is common to both our countries, and perhaps to many other countries in the world i.e. thescourge of terrorism.In many countries terrorism may have an underlying political crisis. In my country there is only a semblance of such apolitical crisis. There is no widespread discrimination between ethnicities. It is more or less an economic crisis where thepeople of the whole country are undergoing. Whatever the underlying crisis be, using terrorism to achieve political freedomin my view, is cowardly and dastardly.Terrorism in whatever name you call it, it is the weapon of cowards, whoever claims to be its leader is the greatest cowardof them all. This is very relevant to my country. Terrorist leaders of my country are the biggest cowards one could comeacross. They do not have the courage to come out into the open and fight their adversaries in open combat. They hide in faraway jungle hide outs and bunkers and indoctrinate their followers, brainwash them that they will be martyrs by beingterrorists and that if they die for their cause they will end up in heaven. After brainwashing them, they are sent as suicidebombers to eliminate their unsuspecting civilian targets.The terrorists indiscriminately cause death and mayhem in respect of innocent people who are totally unconnected to theircause. They commit murders, rape and genocide in the name of freedom struggles. They amass great wealth that is notaccountable. They lead lives of luxury while their cadres are used as cannon fodder and sent to the battle front while theleaders hide behind impenetrable and comfortable bunkers.They pose off as representatives of a certain class of people and sometimes claim to be their sole representative, but yet--51--

Hon’ble Mr Justice N.E. Dissanayake,Judge of the Supreme Court of Sri Lankabeing presented with the ConferenceMementothey extort money from them on pain of death, abduct their children very much againsttheir will to be recruited as cadres. They eliminate anyone who disagree with them. Thevery people they claim to represent are oppressed by their tyranny. They indulge ininternational drug trafficking, human smuggling and gun running, in a very big way. Butyet some countries of the Western world sympathize with them as freedom fighters andurge poor countries like Sri Lanka, to resolve terrorism by negotiation. They tie up aidpackages to resolving this problem by negotiations. But when terrorism strikes the westernnations, like for e.g. the September 11 attack on New York, the western countries seekto fight them tooth and nail, even venturing beyond their borders. They have invadedAfghanistan and Iraq in the name of fighting terrorism and stopping manufacture ofweapons of Mass destruction, which are yet to be found. They declare that they do notnegotiate with terrorists. This is the type of contradictory positions taken by some countries, and the developing countrieslike us have to put up with.Today humanity is standing at cross-roads. One path leads to unity, peace and prosperity and the other leads to disunity,chaos and uncertainty. After the end of the so called’ cold war’ the United States tried to act as an international policemanand maintain law and order, but its actions lacked legitimacy and have been criticized sometimes even by their traditionalallies like France and Germany. However after 9/11, international terrorism has emerged as the biggest threat to thecivilized world. It is a matter of time, if not already so far, for international terrorists to lay their hands on nuclear or otherweapons of mass destruction, to threaten the life and limb of innocent human beings to achieve their desired goals. They willnot show any remorse or repentenance even after exploding such a device just to give a message to the world.There is another aspect to the peaceful well being of mankind being threatened. That is the threat to global environment,created by emissions of carbon monoxide and other harmful gases to the environment. Further, the pollution caused bydischarge of nuclear waste and other effluents to the atmosphere in callous disregard for the well being of humanity. This hasresulted in thinning of the ozone layer causing a hole in the sky exposing direct sunlight to some parts of the world which cancause skin cancer if exposed to the sun. This environmental pollution has caused global warming resulting in melting of iceon North and South poles which had in turn resulted in the rise of the sea-water levels. This can be catastrophic. In a matterof years some countries and island countries such as Maldives will go under water. Major part of the world will besubmerged.Do we have enforceable international laws to stop this catastrophe and the threat of international terrorism, which would beuniversally applicable to all the countries and people of the world? A Law has no legal sanctity if it is not enforceable, andif it does not carry a penalty for its violation, then it cannot be called a law at all. In that sense, today there is indeed nointernational law in the world. Therefore, there is total lawlessness in the world in so far as arresting international terrorismand international environmental pollution is concerned. Today, international terrorism and international environmental pollutiondemands enforceable international law, because such acts can only be curbed through enforceable international law and notby war whether between two or more countries or even a world war.Like its predecessor the League of Nations, the United Nations Organization has also failed to fulfill the objectives forwhich it was formed. In the 5 and a half decades of its existence, we have read that more people died in numerous wars allover the world than the two world wars we have faced. The U.N.O has been passively watching nuclear countries buildingup their stockpiles. Testing of Nuclear weapons on uninhabited islands causing immense environmental degradation. Thestockpile of nuclear weapons is said to be around 36000 and counting.Moreover it is said that 80 countries have also stockpiled chemical and biological weapons. The U.N.O has been a silentspectator to all this and more. In its over half a century of existence, it has merely watched by as 3/4th of the earth’s tropicalforest cover disappear. Even though U.N.O has many achievements to its credit, however in the ultimate analysis, one hasto admit that it has fallen far short of the expectations of the people of the world. Then one is reminded of the fact that--52--

world’s problems can no longer be solved by national governments. What is needed is aWorld Government.With the rapid development in science, technology and communications, the world todayhas become a global village where people from all countries have to live in close cooperationfor mutual progress, development and survival. In this changed scenario, theold mindset has become redundant and a new mindset is needed for the new millennium.The crying need of the new age is for unity of human kind and peace in the world. Thereis thus an urgent need for a legally constituted law making body i.e. World Parliament,for enacting enforceable International laws that are applicable to all the countries and thepeoples of the world. Only a legally-constituted World Parliament can ensure unity ofHon’ble Mr Justice N.E. Dissanayake,Judge of the Supreme Court of Sri Lankainteracting with Advocates of theSupreme Court of Indiahumankind and preserve world peace by banning the teaching of hatred and emphasizing teaching of world unity, worldpeace and co-existence of mankind.Therefore now, there is a crying need for Enforceable International law to safeguard the 2 billion children of the worldand the future children. This I conceive is the need of the hour.Children in a prayerful posture at All Religion Prayer on the occasion of DivineEducation Seminar & Parents Day--53--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Kheshoe Parsad MatadeenJudge of the Supreme Court of the Republic of MauritiusMy learned colleagues who have preceded me to the rostrum have made some extremelyinteresting and thought-provoking observations on the ‘enforceability of internationallaw’, the theme for this year’s Conference. I do not propose to repeat what they havesaid, much of which I do endorse. I will therefore be speaking essentially from theperspective of a Judge of the Supreme Court of the Republic of Mauritius and on theextent to which international law is enforceable in Mauritius.My brief intervention will be divided into three parts. I will start by giving a brief overviewof the Mauritian legal system. Then I will briefly look at the extent to which, “traditionally”,international law has been enforceable in Mauritius. I will end by flagging for yourconsideration a few recent developments on the international scene which, in my humblesubmission, have contributed towards helping enforceable international law become moreof a ‘reality’ than it has ever been before - at least in Mauritius.Hon’ble Mr Justice K. P. Matadeen, Judgeof the Supreme Court of the Republic ofMauritius addressing the ConferenceThe Mauritian legal system is a hybrid one. It is partly French and partly British - and this for historical reasons, as Mauritiuswas colonized by the French and the British successively before the country obtained its independence in 1968. We havea very rich case law with Supreme Court judgments being reported as far back as 1861. Moreover the judgments of thePrivy Council in London, as well as those of the English and French Courts are binding in certain matters, whilst decisionsof other foreign Courts (especially the Indian Supreme Court and the Caribbean Courts) can be highly persuasive e.g. onconstitutional matters. With the advent of the Internet, more and more foreign judgments are being quoted in our Courtsnow and are often applied, in view of their inherent soundness and the similarity between our statutory provisions.I shall now turn to the enforceability of international law in Mauritius. With regard to private international law, which dealswith the acts of individuals, the Supreme Court of Mauritius has since long held that our Courts are to be guided by theFrench rules of private international law (subject to any exceptions that may arise through certain different statutory enactmentsand treaty obligations), since the laws of Mauritius regarding civil rights and obligations are basically and almost entirelyFrench. Our municipal laws and the Supreme Court judgments on private international law are broadly in line with principlesbeing applied in other countries. With regard to public international law which deals with acts of states, the sources are aslaid down in Art 38 of the Statute of the International Court of Justice, namely, (a) international conventions (b) internationalcustom (c) general principles of law recognized by civilized nations, and (d) judicial decisions and teachings of the mosthighly qualified publicists of various nations.In that context, I have to say a word about treaties. Mauritius has espoused the dualist system as opposed to the monist onewhere treaties are automatically incorporated in the municipal law upon ratification. Under the dualist system which obtainsin Mauritius, in spite of “Executive” ratification, treaties will not be applied in our Courts and acted upon unless there hasbeen an implementing Act of Parliament, passed by the local legislature, giving force of law to those treaties. You may wishto know, however, that Mauritius is a small country with limited human resources and fast development. It has not alwaysbeen able to keep pace with its international obligations and it has ratified a number of treaties without having themincorporated in our municipal law. The Mauritian Supreme Court has declined to apply provisions of such treaties, wheninvoked by litigants in Court, and has held that, whilst such treaties are binding on Mauritius internationally, they do not formpart of our law and are not binding on our Courts unless implementing legislation to that effect has been passed.I shall now submit for your consideration some recent developments which may be indicative of a move towards enforceableinternational law.--54--

Hon’ble Mr Justice K. P. Matadeen, Judgeof the Supreme Court of the Republic ofMauritius being welcome with flowers atthe reception organised by Supreme Courtof India Bar Association at New DelhiAs we all know, the resolutions and declarations of the United Nations General Assemblyare not listed among the sources laid down in Art 38 of the Statute of the InternationalCourt of Justice, although the General Assembly may often be termed as the legislativebody of the UN. However, its resolutions, being collective pronouncements of States,have been accorded considerable weight by international judicial tribunals as evidenceof state practice underlying a customary rule. Indeed, a number of General Assemblyresolutions have matured into conventions on the same subject matter. These UNGAresolutions and declarations, often termed as “soft-law”, fulfil, to a great extent, thecriteria to be termed as law but cannot be classified as full-fledged rules of internationallaw. Therefore, strictly speaking, General Assembly resolutions are not binding as such.However the international scene has undergone a sea change post September 11, 2001. UN Security Council Resolution1373 was adopted on 28 September 2001, shortly after the dastardly acts of September 11, 2001. It provides an importantframework for international action against terrorism and was adopted by the Security Council under Chapter VII of theCharter of the UN, which relates to threats to international peace and security. It calls upon all states to take certainmeasures, and especially to become parties as soon as possible to the relevant international conventions and protocolsrelating to terrorism. It also establishes the Counter-Terrorism Committee which monitors the implementation of resolution1373 by all States and asks every State to take specific action to meet the requirements of the resolution based on thespecific circumstances in each country. All States are called upon to report to the Counter Terrorism Committee on thesteps taken or planned to implement the resolution.I understand Mauritius is amongst the few States to have already submitted not less than 4 reports to the Counter TerrorismCommittee (although, of course, credit for this goes to the Executive and not the Judiciary of Mauritius). I also understandthat prompt action has been taken at the legislative and administrative level by the Government of Mauritius whenever theCounter Terrorism Committee has raised any query about the action taken by Mauritius to implement the resolution, andthat almost all states have mobilised resources with a view to complying, to the greatest extent possible, with the obligationsimposed by UN Security Council Resolution 1373. Considerable technical assistance has also been given to States withlimited resources. I do not propose to go into the political background. Suffice it to say, however, that it would seem to methat UN Security Council Resolution 1373 has already been “enforced” to a greater extent than many instruments havebeen before.We cannot talk of the global fight against terrorism without alluding to the initiative of the Financial Action Task Force tocombat terrorist financing and money-laundering. The Task Force, I understand, describes itself as a “policy-makingbody” which works to generate the necessary political will to bring about national legislative and regulatory reforms in theareas of terrorist financing and money laundering. It monitors members’ progress in implementing necessary measures andpromotes the adoption and implementation of appropriate measures globally. Interestingly, for our purposes, it is engagedin a major initiative to identify non-cooperative countries and territories (NCCTs) in the fight against money-laundering.Following the publication of the first Review identifying specific non-cooperative countries and territories (listing 15jurisdictions), many of the jurisdictions identified have taken significant and rapid steps to identify their deficiencies andwere subsequently removed from the List. 5 NCCT Reviews have been published so far. Although the measures promotedby the Financial Action Task Force cannot necessarily be said to constitute a source of international law in that they are notuniversally endorsed, its initiative represents an interesting step forward from the point of view of enforceability of globalstandards.My colleagues before me have talked about the international protection of human rights and I do not propose to repeat orcondense what has already been said. Suffice it to say that the UN Human Rights Conventions have set up Committees tomonitor their implementation and that the case-law of the European Court of Human Rights is highly persuasive in non-European countries as well.--55--

A special word may perhaps be said about the ICAO. Acting pursuant to a vote of twothirdsof the 36 Council member states, it has established rules of the air for civil aircraftover the high seas that are binding on all 188 ICAO member states unless a majority ofthem register their disapproval within a specified time.Moreover the advent of supervisory bodies, tribunals and other mechanisms, as well asthe criminal tribunals for Yugoslavia and Rwanda, the International Tribunal for the Lawof the Sea, GATT/WTO, etc., have all added more teeth to international law. And this isso because man seeks order, welfare and justice not only in the state in which he livesbut also within the international system in which be lives.Hon’ble Mr Justice K. P. Matadeen, Judgeof the Supreme Court of the Republic ofMauritius being presented with theConference MementoTo conclude, it is important to stress that while states from time to time object to particular rules of international law andseek to change them, no State has sought to maintain that it is free to object to the system as a whole. There is the elementof reciprocity at work, and states stand to benefit from the advantages or rewards that may occur in certain situations froman observance of international law. Whatever be the area, or the new challenges being faced, an enforceable internationallaw is the way forward. From the seed sown by the natural law theorists to the wide developments of the twentieth centuryhas evolved a system which is universal and aims to address the numerous problems of our era. The developments at thebeginning of the twenty first century are the harbinger of enforceable global standards. Only then will we be able tosafeguard the future of our children and our children’s children and bequeath to them a better and safer world to live in.Presentation of World Peace Prayer Ceremony--56--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Syed Muhammad Dastagir HusainJudge of the Supreme Court of BangladeshI am greatly honoured to represent the Honourable Chief Justice of Bangladesh, HisLordship Mr. Justice Syed J.R. Mudassir Husain, at this 5th International conference ofthe Chief Justices of the world under the auspices of Article 51(c) of the IndianConstitution. The organizers of this conference deserve great appreciation for this nobleventure which is aimed at fostering international peace through settlement of internationaldisputes by arbitrations in a just bid to enforce International Law and to safeguard thefuture of the world’s children of to-day and tomorrow.The marked awareness of the students of City Montessori School (CMS) of Lucnow,India, imbued by their mentors in regard to the prevailing threat of a potential ThirdWord War is, though not unshared by all, but the concern is not shared by many. If thepresent world is left to the whims and caprice of the terrorists, regional dictators orHon’ble Mr Justice S. M. Dastagir Husain,Judge of the Supreme Court of Bangladeshaddressing the Press Conferenceaggressor and aggrandisers, the dooms- day clock sure to beat faster and faster every minute. The theme of deliberation atthis conference, viz ‘Enforceable International Law is THE IDEA whose Time Has come’ is, therefore, the best possiblechoice to work on today.Every Law for its enforcement needs sanction of the law-making authority, and there lies the crux. ‘Who would make apiece of international law and where would lie the sanction’ is a question that has constantly remained unanswered. TheLeague of Nations formed in 1919 in a bid to prevent a repetition of the holocaust and horrors of the First World Warended up in a fiasco. In less then two decades next following, the world that had not yet wiped its tears nor healed itswounds, witnessed a much greater nightmare of human slaughter turning millions of children into orphans and women intowidows- let alone the immeasurable havoc caused to property all over the globe. In the aftermath of that gruesomesavagery and in light of its excruciating pain, the UNO was founded with the same ends in view as were aimed in formingthe League of Nations. The member- nations have all subscribed to the UN charter and are, thus ,bound by its Articles,Declarations, Comments and Decisions. But the views and decisions of the General Assembly have, till today, remained atthe mercy of the Security Council and have always laboured and staggered for enforcement across the floor of that organmeeting more often then not, the hurdles of Vetos and Double -Vetos. On top of it, the world has even hopelessly witnesseda flagrant defiance of the UNO itself as though it were a non entity and the world-conscience wondered as to what wasmeant by that colossal building on the East River in New York city. The only use that seems to continue of that placesimply appears to be a shoulder to cry on without any solace or solution.International Law as is known today, is a bundle of usages and customs respected by nations in their interactions assovereign entities. But in most cases, not covered by usages or customs, the sovereign status of a nation comes into conflictwith new rules, and so, refuses to accept those rules. And there lies the failure.Decades ago Bertrand Russel, spoke of a ‘World Government’ in his ‘Unpopular Essays ‘- in his dream of a world free ofconflicts and wars. The sponsors and organizers of the present Conference have expressed their hope for a ‘World LawmakingBody’, and this idea of theirs is sure better alternative to Bertrand Russell’s ‘World Government’ for, where Rule ofLaw prevails in a society, members of every section of that community , regardless of their caste and creed, enjoy equalrights and protection and also bear the same responsibility towards establishing peace and order in the society. What isneeded towards realizing this dream is mutual respect, tolerance, fellow-feeling, sympathy, and above all- a sense ofbelonging to the same family of God. In our individual and international interactions, if we can put ourselves into others’shoes, the gap between ‘You’ and ‘me’ is bound to be reduced to the minimum. Sense of ego, vanity or even pride isanother malice that hinders progress towards unity of mankind. Greed to usurp others’ rights has caused wars in all ages.--57--

Hon’ble Mr Justice S. M. Dastagir Husain,Judge of the Supreme Court of Bangladeshbeing presented with the ConferenceMementoMisunderstanding and misinterpretation of the teachings of religions and faiths have raisedbarriers and swords between men hundreds of times across the earth. But for what ?Toimpose ‘me’on “you’- physically or ideologically. Why ? why can’t I be content withwhat I have and hold respect ? Why can’t we agree to live in amity with ‘friendship to alland malice to none’ and draw up the rules of ‘peaceful co-existence’? And in theprocess, we can help and assist one another to develop ourselves.In drawing up a Code of International Law , the rule of the American Constitution canbe viewed as a model to start with. The Federation has the Federal Laws applicable toall the States leaving the local laws alone to handle the customs and traditions peculiar toevery community of the region. The code of enforceable international Law is supposedto be smoothly workable with a set of principles already in existence and respected by all the nations of the world, and alsomore to be framed on the basis of universal welfare of mankind.If the basis of international Law is mutual consent, which actually is, then every piece of that law should have no obstacle inenforcement where a nation subscribes to that Law. Enforcement of law in cases of all ‘acts against humanity’ for instancemay be assigned to an agency in the model of the FBI of the United States . The mobility of that agency may be free andfacile all through the world to function with active and full co- operation of the local Governments.The curse of nuclear-race for destructive purposes need to be removed from the face of the earth by destroying the existingbombs; for every body knows, these weapons mean the total extinction of life on this planet. Why then keep a killer thatguarantees your own destruction as well.Articles 41-42 of the UN Charter provides for rules of enforcement of UN decisions against a stubborn state, but there isno provision to deal with a dead-locked Security Council or a high -handed super power. That law needs to be madeeither by amending or by substituting the relevant Articles or portions of the UN Charter.As regards protecting the children’s rights, piece- meal Municipal legislations of the member- States of the UN havelargely proved in-effective due to a number of reasons, especially in the third world countries. Therefore, children of allnations, though not at par in living standard, must be considered at par in status as future citizens of the world in which wedo not wish to see racialism, discrimination, complex of superiority or of inferiority, hatred, jealousy or even foster - homesand orphanages. Laws are required to give the children the sense of dignity, self respect and self -confidence regardless oftheir nationality, colour or Faith. In a world freed from the threat of war, terrorism, gun-running, shooting and vandalism,the mental and physical faculties of the children have to be ensured to flourish under Laws of international co- operation.The sponsors of this conference have suggested the formation of ‘ Global Law making Body’ as a dream to realize. I wouldcall it a yearning of the time, nay, it is a demand of the time. Conference and seminars are generally known as simple paperworksand deliberations or at best messages delivered for some others to take note. But with to-days world sitting onheaps of nuclear bombs and under a thick cloud of ‘ green- house’ , and free play of crimes against humanity there is noscope for luxuries . A resolution to form a ‘Global Law -making Body’ may perhaps be taken. And in that effort, let uswork in close association with the UNO to supply the Organisation the required strength to be useful. Dr. Kafi Annan hasalready spelled it out - ‘ But we at the United Nations can do nothing alone, either. Our strength is the strength of ourmember states, when they agree to act together for the common good.’Peace is not merely a distant goal that we seek, but a means bywhich we arrive at that goal.—Martin Luther King, Jr.--58--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Dr Justice Jose Maria Calvario AntunesInternational Judge, Court of Appeal of East TimorI will try to give you a sole perspective and a point of view of a very delicate andsensitive issue, which is the problem of the Separated Children, the Child soldiers andthe Legal Framework to prevent such abuses.The Separated ChildrenI started with the example of East Timor as I am currently a Judge of the Court ofAppeal, the highest court instance in that country.After the violence that erupted in East Timor in 1999, 4500 children had become separatedfrom their parents, either by coincidence (the general chaos that reigned in East Timor),through criminal acts (abductions by military forces) or even deliberate and well-meaningaction by parents who gave their children into the care of educational institutions orrelatives who lived outside the conflict zone for greater safety.Once the background of the separation and the situation of the child, parents and caretaker had been assessed, UNHCR(in cooperation with Red Cross Societies or reliable NGOs) would re-establish communication or even arrange visitsbetween all persons concerned and assist the families in finding a solution in the best interest of the child. The participantslearned of the many pitfalls in this process, such as the inaccessibility of children sent to distant islands of the Indonesianarchipelago, presented logistical challenges. But we wish that the sent away children could return to their country, to theirhomes and to their families where they can be reintegrated successfully. This was a heavy work that has been done in EastTimor and besides the fact that the situation has not been completely solved, it is however on the good way to a good end.Although, this almost happy ending is not always like that!The definition of “separate children” has been accepted in the international community as “...children under 18 years ofage who are outside their country of origin and separated from both parents or previous/legal customary primarycaregiver.”.This definition is based on the Convention on the Rights of the Child which was ratified by almost all the countries, wherethe 18 years of age is recognized as the year of the majority.A vast majority of separated children remain within their regions of origin, but a small and increasing number – currentlyestimated around 20,000 each year, most of them older boys - seek refuge in different countries around the world. Thepractical problems that separated children face on arrival in a new country are immense. The Director of the UNHCR(UnitedNations Humanitarian Commission of Refugees ) Bureau for Europe has said:“Separated children are still being detained regularly in some countries and deported without necessary safeguards;increasing numbers of separated children disappear either shortly after arrival, during the procedure or after beingfinally rejected and run a high risk of becoming victims of trafficking and othercrimes; guardianship systems are inadequate; in several countries specialisedreception conditions are still lacking…”The legal framework that is used, is largely based on the 1997 Council Resolution onUnaccompanied Minors. Although the resolution provides some protection, it is notlegally binding, nor does it reflect adequately all the principles of the UN Convention onthe Rights of the Child (CRC).Hon’ble Dr Justice J. M. C. Antunes,Internatioanal Judge, Court of Appeal ofEast Timor receiving the ConferenceMementoHon’ble Dr Justice J. M. C. Antunes,International Judge, Court of Appeal ofEast Timor addressing the ConferenceIn relation to separated children, a number of International legislative proposals havelowered standards. For example, Article 4.1 of the “Family Reunification Directive”allows Member States to derogate from the principle that ‘child’ should be defined up to--59--

Hon’ble Dr Justice J. M. C. Antunes,International Judge, Court of Appeal ofEast Timor (front row, on left) at theConferenceage 18. Now, where the child is over 12, he or she may have to meet an “integrationtest!!” a provision that is in apparent breach of international law (This breach has beenverified within the Article 1 of the CRC and article 8 of ECHR).Issues concerning separated children who are not refugee seekers have not beensufficiently addressed; there are many separated children who travel to Europe to escapesituations of extreme poverty, or who may have been trafficked for the purpose ofexploitation and such children may often apply for asylum.In conclusion to this part of my speech, it is essential that the development of commonInternational Community asylum and immigration policy does more than entrench currentpolicy and practice failings and does not lead to “lowest common denominator” policies.Beyond what has already been agreed, it is of course also vital to look to the future.We are now having the first phase of the new Asylum System. In my point of view the development of the second phase ofasylum must recognise that stronger safeguards for children are necessary particularly given the increase in the number ofchildren who may be trafficked.Another issue that I want to talk about is: The Child SoldiersChildren who are exposed to the war and enclosed in war zones, whose families are torn apart, can be drawn into thefighting and forced to witness or perpetrate atrocities, sometimes against their own families. They can be scarred for life,their childhoods shattered. Every child has the right to a normal childhood and to develop as a human being. This howeverseems to be forgotten in many places in the world.In war time children are helpless witnesses of atrocities. They may themselves be mutilated and imprisoned or otherwiseseparated from their families and are often forced to flee. The child-soldiers may be recruited among the children who areleft to themselves in conflict zones. Cut off from the environment familiar to them, they lack any certainty as to their futureand the whereabouts of their loved ones. In other many countries at war, children may equally be recruited as soldiersbecause of their social conditions, such as street violence, extreme poverty and a lack of support structures. Among otherreasons, children are enlisted as soldiers because they are easily manipulated, are not fully aware of the dangers and haveunformed notions of right and wrong.Often, forced recruitment of children into armed forces or groups is used as a means of terror and blackmail againstcivilians. In addition to taking a direct part in hostilities, children can be used as spies, messengers, domestics, sexual slaves,etc, etc. Whatever their circumstances, they are abused and put themselves under a terrible risk to their lives. Childsoldiersare deprived of a family, deprived of an education and all the advantages that would otherwise help them bechildren and prepare them for being adults. Armed with lethal weapons, plied with alcohol and drugs to incite them toviolence and fearlessness, forced into dependence on the group that enlisted them, perfectly incapable to find a way out,children become loose cannons, a danger to themselves and others. At the end, child-soldiers will suffer from a deeptrauma that will persist much time after the fighting has stopped.I finish with a small part of the text of the Geneva Convention of 1949 and its AdditionalProtocol of 1977, where it says:“The parties to the conflict shall take all feasible measures in order that childrenwho have not attained the age of 15 years do not take a direct part in hostilitiesand, in particular, they shall refrain from recruiting them into their armed forces”What should we say about the children of Sudan, Rwanda, Congo, Ivory Coast, Liberia,Uganda, Kosovo, Burma, Cambodia, Vietnam, Laos, Guatemala, East Timor, and manyothers around the world! The only thing they have now is to live the rest of their liveswithout ever having been... children!Lets think about this.Hon’ble Dr Justice J. M. C. Antunes, atthe Reception organised by SupremeCourt of India Bar Association at NewDelhi--60--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Madam Justice Sarada ShresthaJudge of the Supreme Court of NepalWhen I stand before you, I remember visiting Palaces and gardens, and movie theatresof Lucknow during my student days at the University of Lucknow Law School where Ispent three years pursuing LLM and PGDC studies. Lucknow is historic also in thesense that it has always been at the forefront of the political and social movements. Manya times ideas, views and movements that originate in Lucknow take concrete shape inDelhi and influence the world.I would also like to thank the organizers for selecting a very suitable theme for theconference. We are discussing the issue of international law and its influence at a timewhen deliberations are being made to expand the role of United Nations for addressingthe problems of terrorism, for ensuring better protection of human rights and tacklingeconomic problem. Time has certainly come to make the United Nations, more particularlyHon’ble Madam Justice Sarada Shrestha,Judge of the Supreme Court of Nepaladdressing the Conferenceits Security Council more representative in character and more effective in addressing the challenges facing our time andcontributing to peace building.The selection of the theme is timely also in the sense that it is especially important for organizations and people to properlyunderstand the influence of international law. The exponential growth of the international law has influenced every aspect ofhuman activity. It was not certainly so when we were graduating from the law schools. International law, as used to be oftensaid then a ‘vanishing point of jurisprudence’, has nowadays vastly changed in its scope and content.Even though domestic law influenced the early growth of international law, it is the other way round today. Parliaments andcourts take note of the developments in the international law in the legislative and adjudicative process. The imposingedifice, of international law now comprising thousands of bilateral and multilateral treaties and hundreds of decisions ofinternational tribunals has resulted in a gradual erosion of the traditional notion of sovereignty. A concomitant effect is theincreasing space created for individuals in the domain of international law. Now, it is not the state alone whose interests aretaken cognizance of by the international law, it is rather the individuals, the people and communities who are graduallycoming to the center in the policy formulation level at the international and regional level. Rather than considering the statea parens patrae, the ultimate owner of individual interest, it is now considered a trustee of individual and social interestsand an instrument of public good and distributive justice. Thanks especially to the human rights movements, in contrast towhat Oppenheim taught us, today we would hesitate to accept individual merely as an object of international law. No state,whether it is dualist or monist, can claim that it is not bound by the human rights dictates irrespective of whether they arestipulated in the soft law (such as Universal Declaration of Human Rights) or. hard law instruments (such as bilateral ormultilateral treaties) and do whatever it likes to its people. It is mainly because of the universal values that the internationallaw promotes values which are equally important for all the people of all the time. While the foreign policy of a country iscertainly guided by the principles of the UN Charter, non-alignment, the Panchsheel, international law and value of worldpeace (Art 26(15) of the Nepalese Constitution) we also expected that international law will be guided by the objective ofenhancing the dignity of the nation in the international arena by maintaining the sovereignty, integrity and independence ofthe country (e.g. Art 25 (5) of the Constitution of Nepal) Therefore, the role of international law and national law, in anutshell, is complementary and supplementary.The developments that have taken place in the domain of science and technology is another reason for the growth ofinternational law. Compared with how matters stood in the 1950s, activities in the outer space, expanding use of marineresources and mineral resources in deep sea along with a host of environmental issues such as the ozone layer depletion,global warming, the brown cloud in the South Asian sky have necessitated the birth of a legal regime which is beyond the--61--

Hon’ble Madam Justice Sarada Shrestha,Judge, Supreme Court of Nepal beingpresented with Conference Mementoframework of national law.The growing economic interaction among nations has given rise to a multilateral systemunder the WTO, and codification of the international economic law. It is another areawhere narrow domestic walls of protectionism are brought down. Everything under thisemergent regime might have not been in the interest of the people of the South, but at themoment, other than creatively interpreting the provisions in our favor, there seems to beno way out to opt out of the system. Therefore, it is a challenge of social justice to ensurethat ‘the .haves not’ are not further pauperized because of this system.The growth of non-state rules in economic transaction such as the Universal CommercialPractice (UCP) I on letter of credits, the International Standard Organization (ISO) rules on environmental compliance andthe Type Two agreements in Johannesburg have created new possibilities of a legal regime of voluntary compliance both ininternational and domestic sphere. Therefore, for those of us who believe in’ ‘the rule of law’ the emergent regime seems tobe more the rule of international law than the domestic law. I know this will be difficult for adherents of orthodox Diceyanviews, but this seems to be the reality of today from which there seems to be no escape.Certain weaknesses in the international legal system seem to be the frequent failure to settle the disputes concerning themaintenance of status quo versus - overthrow. Another problem often-raised about international law is the lack of effectiveenforcement mechanism. This does not however mean that the international law has no sanction for its enforcement. Thesanction it possesses seems precarious in their operation particularly for those states, which are less able than others toassert their own rights effectively. But it is not essentially different in the domestic legal regime where voluntary fulfillment ofobligation is hardly done by the strong. Sanction in the traditional legal sense is also being evolved in the domain ofinternational law, For instance, the dispute settlement mechanisms created under the WTO, and the sanctions that arc likely-under the Treaty of Rome that created the International Criminal Court amply give the message that it is not a systemwithout sanction. As mentioned above the sanctions get reflected in the readiness of the state to shoulder responsibility. Inspite of the cynical views that doubt the enforceability of international law, it is not so in reality. Therefore to sum up, I wouldrather argue that complementary of international and national law has come here to stay and there is no escape for statesfrom honoring the dictates of international law the global change in many aspects of modem life, states’ function hasnecessitated the strong international law and effective enforcement system but such a system as I would argue should takeinto account the concerns of least developed and landlocked nations, which require strong support of international communityto do well for their people.A catastrophe may intervene and interrupt or destroy what is being done, buteven then the final result is sure. For in any case the unification is a necessity inthe course of Nature, an inevitable movement and its achievement can be safelyforetold. Its necessity for the nations also is clear, for without it the freedom ofthe small nations can never be safe hereafter and even large and powerful nationscannot really be secure.— Sri Aurobindo--62--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Bernardin RenaudJudge of the Supreme Court of the Republic of SeychellesIt is a great pleasure and an honoured privilege for me to be participating in such anaugust forum, the International Conference on Article 51(c) of the Constitution of India.The theme adopted for this Conference -”Enforceable International Law is “The Idea”whose time has come” is indeed apposite at this juncture in world history. I am consciousthat my humble contribution to the theme under discussion will be no more than a dropin the vast ocean. Yet I am hopeful that it will serve the purpose, so to speak, of addinganother small brick in the erection of the great edifice of world peace and unity.Please permit me to extend my warmest appreciation to Mr Jagdish Gandhi, the Founder-Manager of City Montessori School and Convener of this important Conference. Iwould particularly like to place on record my recognition of the farsightedness of MrGandhi. Mr Gandhi, may history remember you for this honoured initiative.Hon’ble Mr Justice Bernardin RenaudJudge of the Supreme Court of theRepublic of Seychelles addressing theConferenceRegretably, my Chief Justice is unable to be present here today as he is on an important mission in the United Kingdom.However, he asked me to convey his warmest greetings and best wishes to you all eminent participants at this Conferenceand particularly to Mr Gandhi. His hope is that this Conference would be a very successful one. My presence here is notonly an honour for me personally, but indeed an honour for the Judiciary of the Republic of Seychelles, my homeland.I believe that this Conference is one among the first steps taken by an non-governmental organization towards a nobleobjective. I am convinced that come what may, the objective that we have set out will, without doubt, be achieved. It isalways my firm conviction that the world has no other option to ensure its healthy survival, except through the establishmentof peace and unity among the peoples and nations of the earth.We are here today to present our views and concepts on a subject which, when it is firmly establish in the world, it willmake this world safer and with a higher standard of justice for all the citizens of this world. I am conscious that the task isa mammoth one indeed and the long and arduous course its realization will take . However, even its achievement may nothappen tomorrow, but in due course of time, through our unwavering perseverance and constant determination, I believethat will be possible.As we know it today, certain of the existing rules and principles of international law has been somewhat blurred, particularlywhen approaches in abatement of international terrorism have been a cause of serious concern for the peoples of the world.One should always be optimistic, and be hopeful that this is only a transitory moment in our history. Greater benefit willcome out of this experience, if it goes to serve in solidifying and strengthening the concept of international law in the future.I must admit that now we are more conscious of the possibility of interpreting and applying of hitherto existing rules ofinternational law to suit exigencies of the moment. For this reason it would be a good cause if we are to revisit ourapproaches and possibly come out with more relevant, just and appropriate common standard of interpretation andapplication of international law.I take this opportunity to salute the great land of India and its people. For over half a century now, this unique country hasbeen and is still threading the path of durable democracy. Undoubtedly, developing, if not developed countries of the worldhave drawn so many lessons and experiences in fostering democratic principles by virtue of the various leading decisionson constitutional matters that its judicial system has contributed to contemporary jurisprudence.We know that independent India and its march towards the achievement of its political freedom had been and is still a--63--

Hon’ble Mr Justice Bernardin Renaud,Judge Supreme Court of Seychelles beinghonoured at the Reception organisedby Supreme Court Bar Association atNew Delhiguiding light and a great source of inspiration to the developing countries of the world intheir quest towards self determination. We recall the beginning of the march towards theindependence of India and how absurd it was for so many people at that time to be ableto visualize and appreciate the practicability of India ever achieving the goal ofindependence from Great Britain. The process that started initially as a thought, as anidea, which at that time appeared to be so farfetched and which could be dimly visualizedand entertained by many as a realizable objective. It had a very humble beginning butwith time it gathered momentum supported by unwavering determination andperseverance, always focusing on the final objective rather than on the means and theroad leading to that objective,-that vision became a reality for India. That event causedthe nations of the world that were still being colonized, to awake to the existence of anew achievable reality. Hence, we see that the first steps in the flow that followed leading to the emancipation of so manynations of the world. All started humbly at the beginning and it gathered momentum over the last 50 year and today we havea new world landscape.I have slightly digressed from the theme of this Conference, to emphasize a point. That is, it is in that same spirit, and withthe same vision and foresightedness of the founders of India, that convinced me that the modest start we have nowembarked upon will, before long, produce amazing results beyond our expectations.I am not an expert in International law and I neither profess to be an eminent jurist. But what I believe and have no doubtabout, is that there is a necessity to review and revisit our approaches to international law and its scope in furthering theonward march of the world towards lasting peace and unity. The world that our children will inherit will be a better anddifferent environment that it is today if we do not fail in struggling feverishly to change the face of this earth by starting today.It is not my intention to make an analysis of the situation existing around the world today. We all know about it. Butterrorism; abuse of children’s and women’s rights in all sorts of ways; unjust international trading system; abuse of basichuman rights; the belief that might is right, and so on and so forth.It is common knowledge that information technology has advanced so much that is has caused this world to be what wetoday call a global village. This has facilitated international relations and mutual understanding among leaders of variousnations of the world. If only this relationship and understanding could now be extended to encompass clearly set out lawsthat would be evenly applied in such relationship, I think that this world would soon be treading in the right direction.The time of a new world system of human organization and the establishment of a global civilization is indeed with us now.Its construction is occurring in an evolutionary process, involving a number of stages culminating in a new world order.The international legitimization of the law, touching on international private and public legal relations, is undoubtedly a majorcontemporary challenge. There are those who, rooted in nineteenth century thinking, decry such an ambition as purefantasy. But it is more fanciful to think that the present anarchy in international relations can be tolerated in the modernworld.I wish to note that the theme of this Conference opens the way for a deeper realization that the rising new world system hasprofound implications for the reorientation in thinking required about law and international relations. Although legal systems,sciences, cultures, and even our individual thoughts and vision are limited by the stubborn operation of an old order that isin the process of being rolled up, some implications and expressions of a new arrangement that has ‘shaken, divided,separated and scattered’ the realities of all created things, and ‘combined and reunited’ them, disclosing.’ entities of a newcreation’ can be explored.We are all aware that in the world today, jurists sought and obtained guidance through decided cases. It is my firm beliefthat the judiciary of the various nations of the world, are already on the right path in the process of developing a more--64--

coherent international system of legal thinking, albeit unconsciously and not fully knownto the world. We have to recognize that views of eminent jurists and legal thinkers, andinternational or national courts around the world that were hitherto not readily availableto other jurists in all the remote corners of the world, are now more accessible. Thesedecisions are either accepted and followed when considering judgment in similar situationsthat had arisen in another part of the world, or indeed, the criticism and casting aside ofcertain approaches and principles adopted in one part of the world also contributed tonew legal thinking and novel principles are born out of this process.In the past, one has to have a large physical library of books, reviews, periodicals,reports, etc, and one has to tediously labour through these to obtain guidance in judicialHon’ble Mr Justice Bernardin Renaud,Judge of the Supreme Court of theRepublic of Seychelles being greeted atthe Conferencedecision-making. Indeed, one cannot claim to have had access to all jurisprudence relevant to a particular matter in handunless one has a most comprehensive library.Today, with modern electronic technology legal researching is made less tedious and less time-consuming with access to awider scope of reference. But the question that arises is that, do all jurisprudence coming from all parts of the world readilyaccessible to other jurists on the side of the world ? The answer for the time being is obviously a big no. But could this bigno be tampered with, so that with time these would become available. To that in my considered opinion the answer is a bigyes. To continue the process I believe that information technology would be of the greatest assistance to facilitate our taskin developing a coherent international system of laws.We are all here at this Conference sharing our views and thoughts on that topic, I dare say contemporary theme. Mygreatest wish would be if only we could take some defined course of action. It is in that perspective that I would venture tooffer a humble suggestion for example, that we set out our objective in a modest plan of action that will serve to guide ourefforts towards the goal we set ourselves. My humble suggestions would be to consider setting up a data bank at oneaccessible electronic site, of all international instruments, statutes, conventions, treaties etc. that comprised the body ofpresent our international law today. And, similarly, do the same with regard to all judicial decisions that have been taken onany aspect of those instruments and these to be posted alongside the instruments and cross referenced, for easy access byjurists, thinkers and academicians around the world. In my humble view, that would help create greater consistency injuridical decision-making, and with time there will hopefully be more coherence in the approach by jurists around the worldon matters of common concern. With time a body of common international jurisprudence will emerge.Might not this conference, associated as it is with a man of action, be a catalyst for the development of such specific courseof action? Allow me to leave you with this humble suggestion. In conclusion, I would like to thank the organization of thisconference, particularly, Mr Jagdish Gandhi for their noble and thoughtful initiative to bring about world peace and unitythrough international law for the benefit of ourselves and the future generations. May God bless you one and all.Imagine all the people living life is peace.You may say I’m a dreamer,But I’m not the only one.I hope someday you’ll join us,And the world will be as one.—John Lennon--65--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Madam Justice Hima Nalini MatadeenJudge of the Supreme Court of the Republic of MauritiusIt is a great honour and privilege for me to be invited to address this august audience onan issue that is of great importance to one and all. And I congratulate the City MontessoriSchool for having chosen the Enforceability of International Law as the theme for thisyear’s Conference.The world scenario in the wake of 9/11 looks very break. Almost everyday we arehearing of wars and terrorist attacks which are bringing untold destruction in their wake.These wars and terrorist attacks represent a threat to the very existence of mankind.What is more important, however, is the fact that they have highlighted both the need forreform at the United Nations and the need to give more teeth to international law. Iunderstand that previous Conferences have debated the need for a World Parliamentwith a remit to enact enforceable international law for all countries of the world. I believeHon’ble Madam Justice Hima NaliniMatadeen, Judge of the Supreme Courtof the Republic of Mauritius addressingthe Conferencethe time has now come for each State to surrender part of its sovereignty-as the European States have already done-if wewant to ensure peace, security and stability for the generations to come, if we want to halt the massive stockpiling of nuclearweapons and other weapons of mass destruction, if we want to prevent the alarming rise in pollution levels, if we want toarrest the ever-widening ecological imbalance.As responsible citizens of the world, it is our duty to see to it that measures are taken to safeguard the future of all children,born and yet unborn. Children the world over should aspire to the same rights, and it isour duty to stand up and speak for those who are deprived of those rights and who areleast able to speak for themselves. Silence is not an option when we are confronted withsuch global issues.Hon’ble Madam Justice Hima NaliniMatadeen, Judge of the Supreme Courtof the Republic of Mauritius receivingthe Conference MementoIn that context, the work of the City Montessori School for promoting the values ofpeace, religious harmony, tolerance and co-existence among children, should behighlighted. For the purpose of education is to make every child a responsible memberof society. May you continue to instill in those children a commitment to serve the bestinterests of the community and of the world as a whole.More than an end to war, we want an end to the beginning of allwars — yes, an end to this brutal, inhuman and thoroughly impracticalmethod of settling the differences between governments.—Franklin D. Roosevelt.--66--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Farhad AliyevJudge of the Supreme Court of the Republic of Azerbaijan[English text of the speech delivered in Russian language. This text was provided by the Hon’ble Justice]Today Azerbaijan state is ready to support protection of personal freedom, human rightsand future development of society. Our Republic attaches great importance to protectionof children’s rights as they are the future of society.Azerbaijan Republic ratified the “Convention on Rights of the Child” on July 21st 1992and # 236. The President of Azerbaijan Republic signed two facultative Protocols-“Attaching of children to armed conflict” and “Child traffic, prostitute and pornography”of “Convention on Rights of the Child” in Millennium Summit of UNO held on September6-8th 2000 in New-York.Republic signed Global Declaration “About provision of living, defense and developmentof children” accepted in global meeting in 1993 held in high level for interests of ChildrenHon’ble Mr Justice Farhad Aliyev, Judgeof the Supreme Court of the Republic ofAzerbaijan addressing the Conferencein UNO on September 30th 1990. Initial periodical report about child rights in Azerbaijan was submitted in 15th session ofUN Committee for Children’s Rights in June 1997. Azerbaijan took active part in special session (New-York, May 2002)dedicated to discussion of performing of decisions of high-level world-wide meeting held in interests of Children, at theGeneral Assembly of UNO.Azerbaijan joined Convention number 182 about abolition of worst forms of child labor and Recommendation number 190with the same name and Hague Convention about International adoption in 2004.Matters concerning social and legal protection of children in Republic are guaranteed by the Constitution, law aboutcitizenship, law about legal condition of Foreign citizens, law about State youth policy, Labor Code, Civil Code, Marriageand family code and some other legislation and normative-legal acts of Azerbaijan Republic.Labor Code covers acceptance of underage children to work, their right to rest, duration of their workday and provisionof employment of youths and protection of their interests in labor active field.Civil Code of Azerbaijan Republic considers protection of interests of children and determination of underage, coversresponsibility matters for property and material loss damaged by children and underage.Legislation and normative-legal acts concerning with child rights in our Republic are included as in the following: law dated19.05.1998 on “Children’s Rights”, law dated 22.06.1999 on “About social protection of children who lost their parentsor parents protection”, law dated 31.05.2002 on “About confirmation of Regulations about commissions for matters andprotection of underage”, law dated 17.06.2003 on “About feeding of babies and underage children”, President’s declarationdated 10.01.1992 on “About additional arrangements to families having four or more children”, order dated 18.01.2001of the President on “About increasing of means paid to persons being in half payment social holiday for service to child”,President’s order dated 04.07.2001 on “Holding international ten-year (2001-2010) against forcible in relation to Peaceculture in Azerbaijan Republic and world children”, decision of Chamber of Ministers dated 07.11.2001 on “Improvementof arrangements for social defense of children lost their parents or parents protection”, decision of Chamber of Ministersdated 14.04.2003 on “Arrangements of plan concerning with solving of problems of homeless children”.Law on “Children’s Rights” of Azerbaijan Republic was passed on May 19th 1998. Law on “Children’s Rights” was madeunder international documents, especially Declaration “on Human Rights” (1948), Child rights Declaration (1959), Childrights Convention of UNO (1989), UN Declaration for living, protection and development of Children (1990). The law--67--

Hon’ble Mr Justice Farhad Aliyev, Judgeof the Supreme Court of the Republic ofAzerbaijan (second from right) uponarrival at the Lucknow Airportwas directed to making social, political, economic and cultural protection of gene fundof motherhood, fatherhood, family, childhood and nation by state. Its separate sectionunder name “child and family” prescribed living of child in family, right and obligations ofparents, living place right and inheritance right. “Child and society” section determinesrelation to child labor, organization of rest, exploitation of children and protection fromharmful influences. Norms concerning with orphan children, children lost the protectionof parent, adoption, giving children to behaving to protection family or state enterprises,children having intellectual and physical default, rights of persons serving to these children,protection of children during military operations, rights of refugee and forced migrantschildren were determined in section called “Protection of children being in non-suitablecondition”. In accordance with Article 28 of state law protection of children from alltypes of exploitation, harmful and dangerous labor and influences with using from social, legal, economic, medical andbehavior means.One of the matters being taken care of by the state is the bringing up and education of orphan children. Chamber ofMinisters, Ministry of Health, Ministry of Labor and Social protection, Ministry of Education, Ministry of Youth, Sport andTourism of Azerbaijan Republic make and carry out programs concerning with social defense of children lost their parentsand parents protection. Orders “About performing aid to orphan children and children with lost parent and state protection”and “About pressing arrangements for improvement of material provision and life conditions of children and studying ineducational-behaving enterprises as boarding school” by Chamber of Ministers of Republic. Law of Azerbaijan Republic“About social defense of children being orphan and lost their parents, protection” (22.06.1999) determines protectionarrangements of children within secondary special and higher education being from this category. These arrangementsincluded getting pension (more than 2 times), giving full salary during passing production practice, giving separate means topersons studying in higher education enterprises for getting textbook and lesson supplies, providing free medical services.Arrangements Plan for implementing UN Declaration for living, protection and provision for their development, “Pekingrules” -international legal document for carrying out of Justice judgment in relation to underage were translated and dividedfor regions (by division way) for meeting Republic population in wide form in 90 years.Wide consultations were held for propagating and division of 10 principles being in case of “World for children” declarationof General Assembly of UNO in Republic. Wide arrangements (express interviews) were held with active participation ofchildren in going of company. In one of initial arrangements sportsmen and representatives of National Olympic Committeeunder leading of Ilham Aliyev the President of Azerbaijan Republic took part.In accordance with law about Education passed in 1992, common gaining education right is charged to all children andyouth not depending on race, nationality, religious belonging, property condition and etc. Law dated on June 5th 2001“About persons having problems concerning with their health” of Azerbaijan Republic regulate and provide special educatingrule of underage persons.One of main problems for Azerbaijan in protection of child rights is to protect child rights during armed conflict. Today 20%of Azerbaijan lands have been occupied by neighbor Armenia, more than 1 million people became refugees and forcedmigrants. In ten towns and densely living places, generation of children not having information their house and lost necessaryconditions for carrying out and realizing of all legislation acts about child rights in practice had grown.616 schools where more than hundred thousand children were studying were destroyed in occupied regions of Republic.Commonly, 242 pre-school enterprises, 4 technical schools, 11 professional-technical schools and 1 higher school-coveringchildren more than 12 thousand terminated their work. Azerbaijan signed some international documents for protection ofchild rights in armed conflict condition concerning with this. Representative staffs of Republic often take part in variousinternational forums held in this field.--68--

Some arrangements directed to improvement comprehensively of condition of refugee and forced migrants left their landsconcerning with conflict were considered in orders (number 128 dated on 01.01.93, number 328 dated on 25.06.93,number 403 dated on 21.07.93) of Chamber of Ministers of Azerbaijan Republic: opening temporary schools and preschoolenterprises, giving obligatory compensation and pensions and rendering material aid in the same time.Also instruction “measures about strengthen state assistance to family with child” that did certain changes and additions to,is in force (dated on 21/04/1981, numbered 209).In order to associate activity of government and non-government organizations working for interests of childrenRepublic Co-ordination Council has been established for Child Matters attached to Ministry of Youth, Sport and Tourism.Council that acts for 2 years has being heard and advised actual problems related with protection of child rights constantly.Problems on condition of gutter-child, their health and rest may be indicated in specially considered problems. Councildiscussed measures directing to prevent child labor utilization and know condition and advice to carry them out in the lastmeeting holding with the participation of Program of Decreasing of poverty in country (PRSP), Save the Children, ECFood Security Program representatives. Child Fund representative of UNO to Azerbaijan and other international organizationsto carry out “Convention on Rights of the Child” carries out International Corporation. $ 88 million USD internationalassistance was allocated to refugees and families in need, $ 553 thousand 789 USD is allocated for children needs byUNICEF in 1996.Certain progress was gotten on sphere of protection of children in needs in country last years. Concrete measures havebeen taken on relation to children living and working in street, cripple and who is out of protection of parent with establishingof legal base in Republic. 16 specialists hold a training to work with “gutter-child” in result of corporation with UNICEFrelated to children who needs special care. Methods and forms directly were worked out to carry out rehabilitation worksin terms of street in the summer of 2003 with participation of them. At the present children are drawn trainings on sportsection and art studios. Great investigation is planning to carry out related to children live boarding school, “gutter-child”and children who live in family in needs in the summer of this year.Activity of organizations that acting within interest of cripple children and their family are observed. Nearly 10 centers withdifferent profiles provide rehabilitation service to children from this category. Puppet-show of plague and autistic childrenmay be indicated beside these.“State program directed to settlement of social and economic problems of creative and gifted children and youth” affirmedby AR Chamber of Ministers on 04.08.2000 significantly influences to improvement of creative potential of youth andchildren and indirectly helps settlement of employment and employment provision problems of youth.Ministry of Youth, Sport and Tourism carried out to gain education of youth in resource center within “Young generationwith new technologies in new millennium” program since January 2001 to offer necessary facilities to get additional, actualand professional knowledge. 3000 pupils in high school, students and youth got computer knowledge and learned foreignlanguages. Ministry organizes scientific and technical activity competitions among pupils in the territory of country since2001 to increase interest of children in science field. Over 7 thousand pupils take an active part in the competition during 3years.Measure over giving back children from state boarding-school to families by support of UNICEF has beencommenced. Only one boarding school has joined in this work, however results encourage other institutions. Countrygovernment has held conference about these problems in Baku with the UNICEF and EC Food Security Program, existingcondition, international practice and primary results of pilot project has been discussed in this conference. .Problems on poverty, economic and social inequality, inequality in incomes reduced rest and right free time conditions incountries in transition period. Efforts to create machinery that ensure summer holiday of children are carried out at thepresent. Ministry of Youth, Sport and Tourism has ensured holiday of children over 20 thousand who needs special care--69--

during last 3 years.Increasing of social activity of child initiative groups over 20, joining children of some thousand should be indicated specially.These groups supporting by certain government and non-government organizations are active in the education field ofchildren.Life and social life conditions of children committed breach of law and placing in isolating place are changed significantly.Public council of protectors acts here. Competition and tournament of children in isolating place with children from “common”education institutions were hold with support of this council. Rehabilitation of prisoners is carried out by art circles (drama,chorus, dancing). Children in isolated places are subject to act of grace.State education institutions and NGO carried out enlighten matters related to elucidating right of children and decreasingprobability of subjecting to cruel treatment or humiliation among children. Also scientific and research center of Ministry ofYouth, Sport and Tourism works on forming proper researches related to problems of Youth. Education course (one year)is also formed on child/youth problems. Ministry also plans to hold measures of discussion and analyses on act violenceproblem against children this year. NGO named “development center” prepare performance named “free life from violence”to form public opinion. This performance is shown in villages of Azerbaijan by support of UNICEF and leads a main placein forming public opinion.According to Articles 18,36 and 57 of “About health protection of population” of Azerbaijan Republic Law dated on26.06.1997, peoples who don’t bring to maturity have following rights:* Free clinical check-up and right to get treatment for children and youth with rule determined by certain ExecutiveGovernment Body in medical institution including to state health system;* Education and labor right on terms that meet sanitary-hygiene request* Right of getting free medical consultation ad check ups.* Concessionary feeding and getting medical-social assistance at subsidised cost by law under certain ExecutiveGovernment Body.It is already becoming clear that a chapter which had a western beginning willhave to have an Indian ending if it is not to end in the self-destruction of thehuman race. At this supremely dangerous moment in the human history, theonly way of salvation for mankind is the Indian way — Emperor Ashoka's andMahatma Gandhi's principles of non-violence and Shri Ram Krishna'stestimony to the harmony of religions. Here we have an attitude and spirit thatcan make it possible for the human race to grow together into a single familyand in this atomic age, this is the only alternative from destroying ourselves.—Dr Arnold ToynbeeBritish Historian--70--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Algis NorkunasJudge of the Supreme Court of LithuaniaThe human being is the ultimate virtue. Human communication is the ultimate value.However, this can turn into a major problem. There are problems of one person. It don’tmatter, whether those are problems of an adult or a child – they are equally importantand should be treated equally. In the case of an adult, it is the responsibility that is immense.The adult is responsible for the problems of both, the grown-ups and children, and thesolution of those problems. Some of the issues may be resolved by the effort of a child,others – by his or her parents, while still others – only by the combined effort of globalcommunities.All the problems that concern us all – whether they are objective or subjectively createdby ourselves, must be resolved by joint effort. Care of children, and the survival ofmankind, are issues of essentially equal importance. The present threats are obvious – the danger to perish physically ordestroy ourselves morally. This entails unrestrained violence, including cruelty to children and with children, open denunciationof life, willfulness capable of undermining democracy, economic development at the expense of healthy environment,unreasonable and unjustifiable invasion into spiritual life, and so on.Our behaviour is controversial enough. On the one hand, we claim being concerned about every person, from old to small,from living now to those yet to be born, while on the other – we are developing weapons and technologies, capable ofwiping out those values within a second. We are saying that uncontrolled power must be restrained, but quite probably wehave already stopped noticing that violence has turned into an omnipresent phenomenon. We have, in a way, got used to awhole range of those evils. I fully agree with the opinion that fight against them is mostly turning into a demonstration or ahypocritical expression of concern.We, as lawyers, are well aware that law exists, even if not expressed in words or written down. People simply know, whatkind of behaviour is good and sensible. Law is precisely that – but those are rules governing relations among people. Therealso exist rules to govern relations between societies, but they don’t operate. Law, as a virtue, loses its meaning. Alongside,there exists unlawfulness, the threats of which I have already mentioned. Its presence is not easily seen. Why is it soresilient? It is because it simply persists. Such malevolent persistence should be countered with due response.The nations of the world find it quite difficult to agree over action and over joint action. This quite often hides a stronger orlesser egoism. This egoism must be overcome by a different kind of egoism – concern over humanity as about oneself,concern over children, as about one’s own future.The international law, as an agreement over a whole range of issues, exists as an idea. To say a word, however, is easy.Even a great number of speakers do not often find it difficult to agree over the meaning of an idea. But it doesn’t operate initself. Are we willing and capable of making the law effective? A wish to say a word should be supported by an intention tofulfil what we are expressing in words. Otherwise, the words are not sincere. I have nodoubt, that the nations of the world are creating international law by their free will, andthe intention to make it effective.Hon’ble Mr Justice Algis Norkunas, Judgeof the Supreme Court of Lithuaniareceiving the Conference MementoHon’ble Mr Justice Algis Norkunas,Judge of the Supreme Court of Lithuaniaaddressing the ConferenceLaw in general, is a good idea as long as it’s enforceable, otherwise it cease, to be sogood. Then it is neither justice, nor truth, nor virtue – then it is only a product for the sakeof show-off, or, to put it bluntly – a toy. In order to turn into a real virtue, it must besupported by strength – its effectiveness. Somebody once said that a man, who hadnothing childish left in him, should be pitied. I don’t believe that this includes law as a toy.Let’s stop being adults, who think that we are helping humanity and children, as ourfuture, though in reality are just playing with toys, only us ourselves can enjoy.--71--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Bahman GaribovJudge, Constitutional Court of Azerbaijan[English translation of the speech delivered in Russian]EFFECTIVE INTERNATIONAL LAW And DECISIONS of the CONSTITUTIONAL COURTThe modern world is experiencing a cardinal transformation. Globalization has becomemore confident and a kernel of developments in the twenty-first century.On the basis of a principle of sovereignty of the state, it was considered till recently thatall spheres of the states mutual relations with people are basically an internal question,adjustable at the national level. Today, in the modern world, the state sovereignty isalready not considered absolute. It is limited as from the outside by virtue of actualinterdependence of the countries and people that finds legal expression in submission ofthe states to international law and occurrence of the international organizations with superiorpowers, and from within the sovereignty of the state even in its own territory is limited byinalienable laws and personal freedoms, protecting which is the responsibility of the state.Hon’ble Mr Justice Bahman Garibov,Judge, Constitutional Court ofAzerbaijan addressing the ConferenceActually there is an interrelation between democracy and a lawful state. Democracy is indissolubly connected with a lawfulstate which usually associates with an imperative of respect of the rights both within the state under national law and outsidein the international community, of international law.It is necessary to note that the role of international law increases more and more as it is expressed, first, to detaileddevelopment and a concrete definition of the international principles and the norms adjusting fundamental laws and freedomof the person which should be observed by the states, secondly, in creation of the international bodies under the control ofthe states undertaken as obligation by them.The role of judicial authority in implementation of norms and principles of international law cannot be underestimated.Courts of highest authorities apply norms of international law in particular positions of contracts and customs, at regulationof the internal law and order. The judiciary practice to render positive influence on performance of obligations fixed by theinternational contracts. Application of the conventional principles and norms international the right in the Azerbaijan Republic,in particular in practice of the constitutional justice, gets intensive character.We now have an active process of coordination of positions of interstate norms with requirements of corresponding normsof international law. This process is promoted by the maintenance of the Constitution, especially its parts of second clause12 according to which the general is carried out in the legal system recognized by Azerbaijan for herself as obligatory is theinternational-rules of law.Rapproachement or its maintenance is marked not by curbing the rights and freedom ofsome person, as realizations of the recognized and guaranteed rights and freedom of theperson and citizen according to the conventional principles and norms of internationallaw and according to the Constitution of the Azerbaijan Republic.Hon’ble Mr Justice Bahman Garibov,Judge, Constitutional Court of Azerbaijanbeing greeted at the ConferenceAccording to clause 151 of the Constitution of the Azerbaijan Republic, an occurrenceof contradictions between the normative legal certificates entering into system of thelegislation of the Azerbaijan Republic (excepting the Constitution of the Azerbaijan Republicand the certificates accepted by a referendum) and by interstate contracts where aparticipant is the Azerbaijan Republic, are applied international law. Thus other norm of--72--

the Constitution establishes (÷ II. item 148) that international treaties where the AzerbaijanRepublic is participant, become integral component of system of our legislation.In this connection it is necessary to note, that the Constitutional Court of the AzerbaijanRepublic, courts of the general jurisdiction and others international bodies are based inthe activity on positions of the constitution according to which the person, its rights andfreedom are the maximum value.Hon’ble Mr Justice Bahman Garibov,Judge, Constitutional Court ofAzerbaijan receiving the ConferenceMementoexisting in this or that area.In decisions the Constitutional Court leans on the conventional principles and norms ofinternational law and international conventions that finally leads to the constitutional senseof norm comes to light. The court is fixed as though by international legal standardsInternational norms and also the European sources of the right are used by the Constitutional Court as a necessary elementfor substantiations of the conclusions on affairs which are being considered.If we analyze decisions of the Constitutional Court for their use of international norms, it will be found that practically all itsdecisions stand on these documents, especially if it concerns questions of maintenance of the property right, criminal, civillegal proceedings, the customs, tax, labour legislation.As is known the Azerbaijan Republic ratified the European Convention on protection of human rights and basic freedom.It is the convention admits us as a source of the right, the decision of the European Court under human rights as a source ofinterpretation of the right.We apply such general principles of the right as harmony or proportionality of possiblerestriction of fundamental laws, legal definiteness and validity. The decisions of theEuropean Court for groups of homogeneous affairs, shows that the Constitutional Courtof Azerbaijan in its decisions carries an embodiment of the European approach.It is necessary to note, that now there is a strengthening interactions of different legalsystems. And they are expression of their sovereignty and originality. I believe that it willbe the right thing for the twenty-first century to combine preservation of national legaltraditions and simultaneously with development of uniform international standards.Hon’ble Mr Justice Bahman Garibov,Judge, Constitutional Court of Azerbaijanaddressing the Press Conference with thehelp of an interpreterA catastrophe may intervene and interrupt or destroy what is being done, but eventhen the final result is sure. For, in any case, the unifications is a necessity in thecourse of Nature, an inevitable movement and its achievement can be safely foretold.Its necessity for the nations also is clear, for without it the freedom of smallnations can never be safe hereafter and even large and powerful nations cannotreally be secure.—Sri Aurobindo--73--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Arsene K Capo-ChichiMagistrate, Charge de MissionsSupreme Court of Benin[English translation of the speech delivered in French]It’s said that the child is the future of the nation. If one shares and agrees with this truth,it should be known by all that there is no future for nations without children. Thus,endeavouring to protect the child and all his rights becomes a paramount mission for higherauthorities of every nation. It is because of his support to this noble ideal which highofficial jurisdictions reasonably and sustainably could not afford to fail, that the ChiefJustice of Benin Supreme Court has promptly subscribed to the participation of hisinstitution in this Forum after been invited.Long-time determined calendar constraints unfortunately did not allow President SaliouABOUDOU, who regrettably could not personally attend the 5th InternationalConference of Chief Justices of the World who, on the premises of one of the prestigiousHon’ble Mr Justice Arsene K Capo-Chichi, Magistrate, Charge de MissionsSupreme Court of Benin addressing theConferencecomplexes of City Montessori School will this time, devote their round-the-clock quest for World Peace in brainstormingon ways and means of having a Convention on the future of the children.Therefore he entrusted me to express to the initiators and organizers of this great forum his feelings of gratitude and to thisaugust assembly that they succeeded in bringing together, his heartfelt thoughts of fruitful debates and highly useful decisions.Subsequently, I can no longer resist to show my full gratitude for the warm welcome and the attention I have been receivingsince my arrival in India, land of legendary hospitality.On the 29th and 30th of September 1990 there was a World Summit at the UN attended by 71 Heads of State and Headsof Government, 88 officials and representatives and at which a World Declaration in favour of the survival, protection anddevelopment of the Child was announced and implemented as from 1990. On 20th November 1989 the UN GeneralAssembly adopted the Convention and a year later on 2nd September 1990; that was the first true action taken at planetarylevel in favour of the child’s welfare.Benin is a West African country classified in terms of development, among the least advanced countries of the world.However, the scope of its economic potentials is not a handicap to its adhering to the noble ideals of social justice, peaceand full development. As a result, it has signed and ratified almost all treaties aiming at all kinds of discrimination, fightagainst terrorism, advent of a world without war. Among other things, it is also party to International Pacts relating to civiland political rights as well to International Pacts relating to economic, social and cultural rights that it ratified on March 12,1992.Hon’ble Mr Justice Arsene K Capo-Chichi,Magistrate, Charge de Missions, SupremeCourt of Benin being welcome uponarrival at the Lucknow AirportAccording to its tradition, a child is considered as a treasure and benefit of life.Nevertheless education rate is still low especially for girls in rural areas. To remedy thisnational situation, compulsory education as legally stated since 1975 has been reiterated inthe Constitution of 2nd December 1990, Article 13. Almost one sixth of its national budgetis since then earmarked for education. In The country has also signed on 25th April1990 the Convention on the Rights of the Child and has ratified it on 3rd August of thesame year.By way of such formalities Benin made some commitments among which some reportson periodic successes and failures to the international community in terms of protection--74--

Hon’ble Mr Justice Arsene K Capo-Chichi, Magistrate, Charge de MissionsSupreme Court of Benin being presentedwith the Conference Mementoand preservation of the rights of the children. Benin is being discharging this duty withfaith through relevant regulatory bodies. Similarly it participates regioanl and regionalfora which desirous to work towards regular check and vigilance in achieving the objectivesof the 1989 Convention.Thus, it has been actively participating in high-level regional advisory meetings orgaznizedas part of the preliminary works of the ordinary session of the UN General Assemby toassess the gains of a decade of its implementation as to whatever it believed right for thewelfare of children. The following are the results of this:The Position Commune from African Countries; the Declaration of Beijing for East Asianand Pacific Countries; the Declaration of Berlin for European and Central Asian Countries; the Consensus of Kingston forAmerican Region; the Agreement of Kathmandu for South African Countries; the Declaration of Panama for Latin-American Countries; and the Declaration of Rabat for Arabian Countries. These Declarations have proved that it is veryimportant that the welfare of the child should always be put into the forefront. They have concluded that the future of eachregion and each nation is linked directly with the welfare of the children very importantly. So, the investment which will beeffected from today onwards will be all in favour of the children and will lead to peace, stability, security and a long lastingdevelopment of a country and a nation and the world on the whole for tomorrow and ever after. The children are beingthreatened by being socially excluded especially in developing countries; this has to be looked into. The armed conflicts andnatural catastrophe continues to increase day by day killing more and more numerous children. The investment in favour ofchildren is the priority and is also related to poverty reduction. An enterprising action of international organizations and thegovernments of the entire world is necessary in order to elaborate an effective and efficient strategy in favour of the child,his life, security and dignity by living in the world where there is no war and is free of epidemics.The preoccupation and reparation is related to the fundamental being and the organization of the legal jurisdictions for thenational and international protection of the child, is the most important motto of the world of peace. The day to dayobservation of events that governs the realities across the world brings into light the ill-fated incidents of the transnationalcriminal additives organized on the economic and social development and on the International Peace and Security. Theunwanted wars, negative impact of these communities is invulnerable segments of national communities is translated by illicittraffic of arms, treatment of people and illicit traffic of migrant and children are the mostimportant victims. Each day they are abused physically, mentally, morally and socially asa result of which they have become orphans and are left often in the lurch. If there is noproper law such criminals will profit in the legal process. However, the preposition of theWorld Parliament includes the execution of International Convention on the future of thechild to elaborate and to bring out the solutions to this problem. It is not enough totheories but one has to practice this also and practice what is being said and reflectedupon in this trained great agglomeration. It is a mission of Article 51(c) of the Constitutionof India and rightly so CMS has taken over this drive so I am with CMS and I thank youall for this grand opportunity to convey my message on behalf of Benin. Thank you somuch and may God bless all the children.Hon’ble Mr Justice Arsene K Capo-Chichi,Magistrate, Charge de Missions, SupremeCourt of Benin at the Reception organisedby the Supreme Court of India BarAssociation at New DelhiThe arms race can kill, though the weapons themselves may never beused…. By their cost alone, armaments kill the poor by causing them tostarve.—Vatican statement to the U.N., 1976--75--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Justice Fakirov AbozJudge, Supreme Court of Tajikistan[English translation of the speech delivered in Russian]Hon’ble colleagues, dear organizers and convener of the Conference and the participants.On behalf of the Republic of Tajikistan I would like to express deep gratitude and contendfor the honour to participate in this very important work. The need of such forums cannotbe overestimated; Tajikistan follows the policy of peaceful coexistence, friendly relationsand non interference in the internal affairs of the otherstates. This has been proclaimed in its constitutionadopted in 1994. Time has come when the emergencyof working out the International Law capable ofmaintaining Enforceable Peace and SustainableDevelopment cannot be postponed any longer. I dohope that I shall be able to deliver this importantHon’ble Mr Justice Fakirov Aboz,Judge, Supreme Court of Tajikistanbeing garlanded at the ConferenceHon’ble Mr Justice Fakirov Aboz,Judge, Supreme Court of Tajikistanaddressing the Conferencemessage to my homeland and thus to get it involved in this life saving process. Foramongst those two billion children already born and yet-to-be born, there are our childrentoo and it is our responsibility to preserve the Earth for them. Thank youPresentation of World Peace Prayer Ceremony--76--

5th International Conference of Chief Justices of the WorldWelcome Address at the Second Plenary session byHon’ble Mr Justice Kamleshwar NathFormer Judge, Allahabad High Court, IndiaI have the privilege of welcoming you all to this session of the momentous conference onthe World’s most important need. On the cover page of the programme of this conference,the appeal of 29,000 CMS students on behalf of world’s 2 billion children calls aloud:“WE WANT A UNITED AND PEACEFUL WORLD”.Ladies and gentlemen, Is there a single person in this august gathering who does not joinin this Appeal? Let him raise his hand. Everyone wants peace – peace at home, peace insociety, peace among nations, peace on Mother Earth. Without peace life is not worthliving; and yet we have conflicts all around. The world is sitting on a gun-powder kegwith more than 12,000 nuclear warheads with USA, 22,000 with Russia, 500 withFrance and so on. One wrong move followed by a retaliation may bring doom! At asmaller scale, there are world-wide acts of terrorism. India is a victim since generations,Hon’ble Mr Justice Kamleshwar Nath,Former Judge, Allahabad High Court,India addressing the Conferenceand the worst part is that it has cynical foreign support. It nations support violence, how can there be peace! My Lords andfriends, would you not like to find ways and means to stop this meaningless violence? Peace cannot be won by War; thatwould be a contradiction in terms. It can be won only by mutual understanding and a spirit of give and take. Judges are theideal persons to perform this onerous task.Concepts are coined, even dug out from the pages of scriptures, to justify conflicts – so-called ‘wars of independence’even where there is no subjugation, religious intolerance based on self-styled superiority of one doctrine over the other –the Kafir/Jehad syndrome and, worst of all, the class psychology, all give birth to a mental frame leading to conflicts whichescalate into mini-wars. All these call for redress.The idea of a World Parliament, a World Government, with powers to implement an “Enforceable International Law”, soassiduously propagated by the CMS, Lucknow, through 4 earlier International Conferences, like the current 5th one, isworth deep consideration of Judges and Jurists of the World. Hurdles thereto lurk in the minds of politicians whoseparamount consideration is self-interest, often propped up as National Interest. Indeed national interests will have to blendwith international interest. Therein lies the function of Judges: Fairness, Justice, Human Dignity and Equality must be madeto prevail not merely among individuals but also among nations. Even a fair International Law, may not be enforced in theface of the self-interest of powerful nations and their stooges. You may take the horse to water, but you cannot make itdrink. There is the rub! How to achieve the ‘sumum bonum’ is the uphill task of this conference. Sarve BhavantuSukhinah Sarve Santu niramaya, sarve bhadrani pashyantu maa kashchid dukh bhagbhavetah has been theAncient ideal of Hindu Philosophy. May everyone be happy, free from disease; may everyone see good in others, maynobody suffer from grief.To what extent this high aspiration can be achieved, I cannot say; but one outstanding fact shines out. The CMSchain of Schools, under the untiring effort of Jagdish Gandhi, his illustrious wife Bharati Gandhi and the devoted staff of theSchool have educated and trained their students, year after year, into the ideals and practices of fraternity, respect forhumanity, and character of high order which will make them and the generations to come to be worthy of our GreatMotherland – Bharat Mata. No individual, no Institution has ever endeavoured with such devotion and tenacious intensityas the CMS in bringing the World Community on to a common platform to fulfil the aspiration for a ‘UNITED ANDPEACEFUL WORLD’.Once again, on behalf of myself and CMS Family, I welcome you all to this conference with best wishes forsuccess.--77--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr Abdullah Bin Mohamed Al – YahyaDeputy Minister of Justice, Kingdom of Saudi ArabiaIn this happy occasion I am glad to express personally, and on behalf of my colleaguesfrom the Kingdom of Saudi Arabia, our great pleasure to attend and participate in thismeeting, I thank you for the kind invitation, and the warm welcome and hospitality extendedto us.With immense pleasure I would like to convey to your honorable conference the cordialgreetings and appreciation of the Custodian of the Two Holy Mosques, King Fahd BinAbdul Aziz Al-Saud, The King of the Kingdom of Saudi Arabia and H.R.H. PrinceAbdullah Bin Abdul Aziz, the Crown Prince and their wishes of grand success for yourconference activities to achieve its noble goals.I would like to convey also to your honorable conference the cordial greetings andwishes of continued success of H.E. the Minister of Justice of the Kingdom of Saudi Arabia who honored me and mycolleagues to attend on his behalf and participate in the conference activities.We meet today in this friendly country with a feeling of bitterness of pain towards what the world is suffering from bloodyevents and terrible scourges which resulted from wars, injustice and oppression added to threats of terrorism, violence andviolation of human rights, this bitter reality which is lack of the minimum forms of justice; while justice is considered the mostnoble human values and principle. Justice is the fundamental of truth, on which heaven and earth are founded, or even allcreation and all we see in the existence of consistency, harmony and life is only because of the organization and balance insuitable range and justice made by Allah.So in all human civilizations justice is considered the measure for their survival or death, and their ladder conveying them topersistence, progress, development and prosperity.Since all humanity agree on the necessity of spreading justice between people, Islam gave it special priority; in fact, the mainpurpose of Islamic law is the establishment of justice in all life aspects, the Holy Qur’an which in fact the constitution ofIslam, included a lot of texts calling and commanding for justice and denying and forbidding injustice. The holy Qur’an says:“Allah commands justice, the doing of good”. In Islam the concept of justice is more comprehensive than mere judgmentbetween people, verily justice is commanded for in all aspects of life both in man’s relation with his creator, or relation withhimself or his relation with others.Among the terms of justice in Islam is that it forbids all forms of injustice, aggression, and rebellion; in the Sunna the sayingsof the prophet Allah never do injustice and of course He forbids us to do injustice to each other. Islam’s approach is thatinjustice is forbidden for all mankind whatsoever their religion, races, classes or levelsmay be. Truth in Islam always overwhelms but never been overwhelmed. Allah says inQur’an: “ And let not the hatred of others to you make you swerve to wrong and departfrom justice. Be just: that is next to piety.” Of the features of justice in Islam and itsprotection of rights of the human granted him by Allah is its unique respect of the humansoul, it forbids unjust killing; the Holy Qur’an says: “if any one slew a person, unless it befor murder, or for spreading mischief in the land - it would be as if he slew the wholepeople. And if any one saved a life, it would be as if he saved the life of all the people.”Hon’ble Mr Abdullah Bin Mohamed Al– Yahya, Deputy Minister of Justice,Kingdom of Saudi Arabia being garlandedat the airportHon’ble Mr Abdullah Bin MohamedAl – Yahya, Deputy Minister of Justice,Kingdom of Saudi Arabia addressing theConferenceThe Kingdom of Saudi Arabia believing in the value of justice and its immense influenceon human societies development and progress, and abiding by its Islamic principles has--78--

Hon’ble Mr Abdullah Bin MohamedAl – Yahya, Deputy Minister of Justice,Kingdom of Saudi Arabia receiving theConference Mementoand peace.contributed to strengthen and consolidate peace and security for all the people of theworld and has strongly denied injustice and violence and has resolved to fight against allforms of terrorism. The Kingdom all cooperated with the world community to ensureestablishing and realization of the values of peace and justice and has ratified variousinternational conventions serving this noble value, aiming for a world free of wars, hatred,disputes and discrimination, stressing that Islam denies terrorism and violence and itregards them as forbidden deeds contradicting Islamic laws and rules which call formoderation, and forbid transgression against self, honour, mind, and money, they call forinternational cooperation for eradication and elimination of terrorism and establishingjustice and oppression of injustice. The Kingdom’s response to your kind invitation is areal contribution with your efforts to create a unified vision for the world justice, securityI praise the concern of the conference convener, Founder Manager, City Montessori School, Mr Jagdish Gandhi with theeducation of children aiming to create an unique educational environment for the future generations, I would like to stresshere the concern of the government of the Custodian of the Two Holy Mosques and his Crown Prince of education in theKingdom as Islam calls for education and the Holy Qur’an and Prophet (Sunna) sayings all commanded for protectingmind from the darkness of ignorance and taking it to the light of knowledge and education, the Kingdom also offered freeeducation in various stages and education of the youth according to the Islamic principles and teachings which care forgood education of the child who is regarded as the man of future. Care for the child starts earlier even before his birth, bythe call for taking great care of wise selection of the good spouses as that ensures realization of the most noble target behindmarriage i.e. preparation of the good generation capable of realizing progress and development of the nation.Verily young generation desperately needs further scientific, psychological, and social care and most importantly tobe furthered from the woes of wars and threats of ignorance, famines and ideological extremism and religious voidness andthat the child should live in right school and family caring atmospheres, to avoid and fate that ended - as everyone remembers- with children to the refugees like which had resulted of the World War 2, as stated in some combative studies on thematter.In the light of your conference concern to enact and create an international law for the world to contribute in combatingagainst crime and realize security and peace, I would like to stress here the Kingdom’s continuing efforts to achieve thisnoble target through its application of the principles of Islamic teachings which came with strict rules to deter those whodisturb security, these laws were based on general mercy, and superior interest is favoured i.e. it is the mercy collateral tojustice in Islamic law. For this reason, - from the aspect of precaution- some penalties and deterrents have been prescribed- in conform with crime reality and the situation threats of the criminal, while ensuring all necessary guarantees for trial, andmaintaining the rights of the accused. For more care in this respect the Kingdom of Saudi Arabia had recently issued anumber of Judicial laws: The Law of Criminal Procedures. The Law of Procedure before the Shari’ a Courts, andthe Code of Law Practice. All these assure access to justice and maintain security and prosperity for all. Added to thatthe Kingdom of Saudi Arabia works in cooperation with the world community for all thatensures realization of peace, security, stability and development.Lastly I repeat that the Kingdom of Saudi Arabia is honoured by your kind invitation,appreciating to Mr Jagdish Gandhi the Convener 5th International Conference, and hisrespected colleagues for the warm reception and hospitality extended to us, wishing allthe best for your good efforts in serving humanity to live in the shadow of security andpeace and to be enabled to care and educate its generations in the right secureenvironment. I wish continuous success for the conference to achieve its noble goals.Hon’ble Mr Abdullah Bin MohamedAl – Yahya, Deputy Minister of Justice,Kingdom of Saudi Arabia and othermembers of the Saudi delegation at theLucknow Airport--79--

5th International Conference of Chief Justices of the WorldAddress byDr T.P. Amerasinghe,President, World Constitution and Parliament AssociationThis is the 5th time we are meeting to discuss Article 51(c) of the Constitution of Indiaand to suggest ways and means to help foster respect for International Law. For morethan one previous occasion, U.N. sponsored system of International Law has beendeeply eroded in recent times. The victory of George W Bush as President of the UnitedStates of America, inspite of emphatic condemnation by the World Community, portendseven more erosions. In the earlier term of the Bush Presidency there were numerousinstances of U.S. retreat from the U.N. sponsored system of international law. Therewas a steady decline of U.S. Government’s support for multilateral accords, particularlythose covering human and labour rights and security issues.On the eve of the foreign policy debate between President George Bush and hisdemocratic challenger, John Kerry, the Institute for Agriculture and Trade Policy unveiledDr T P Amerasinghe, President, WorldConstitution and Parliament Association,Sri Lanka addressing the Conferenceits report. It detailed a list of the U.S. Governments retreats. Some of these were (1) the Bush decisions to withdrawsupport from the Kyoto Protocol on climate change, (2) abandon the U.S. Russian Anti-Ballistic Missile Treaty, (3)slamming the International Criminal court.These retreats have set a dangerous precedent that other countries could follow in areas such as arms trade and nuclearweapons. The U.S. to date has ratified only 29% of existing multi-lateral agreements. It has ratified only 14 out of 162“active treaties” put together by the International Labour Organisation and only two of the eight ‘core’ U.N. Conventionsprotecting the rights of the workers.This dangerous trend is catching up with other national governments. In May this year Israel with U.S. assistance spurredthe decision of the International Court of Justice on the construction of the wall it has built as the occupying power in theoccupied Palestinian territory. The I.C.J. declared it contrary to International Law. Israel replied with insolence: “If therewere no terror, there would be no fence.” The Bush administration denounced the I.C.J. ruling. The U.S. has pointed theway to international anarchy. Iran and North Korea are joining the Nuclear Club; India and Pakistan are well in thenuclear race.The Bush victory this November will only enhance this situation. Robin Cook, the former Minister in the U.K. LabourGovernment declared to the London Guardians paper: “Bush’s clean sweep of the senate and House of Representativeshas given him an opportunity to take a majority of the Supreme Court. Checks and balances in the American Constitutionto restrain the President’s powers are now broken instruments. The White House is controlled by reactionary ideologies– Bush, Cheyney, Bolton and Wolfourwits. They have an article of faith that America must acquire a full spectrum ofdominance of military capabilities. Then the U.S. can act unilaterally. To them allies are not proof of diplomatic strength butas evidence of military weakness.”In the economic field, Bush is poised to enhance the new America led empire which was begin in the 1980’s under RonaldReagan, Margaret Thatcher and the transactional corporations. The horrible reality is that the rich world with 15% populationcontrols 80% of the world’s wealth. In a subtle and sophisticated way the campaign launched for globalization and marketeconomy unleashed powerful forces to grab the remaining Third world resources, oil and natural gas. Under the guise ofcapturing Osama Bin Laden the wars in Iraq and Afghanistan are designed to gain control over oil and natural gasresources.This is why Arundhati Roy, the new Sydney Peace Prize winner says “Iraq is the new front line of the new imperialism ofthe west which with its hand yman the WTO; the I.M.F., the World Bank and the multinationals keep the Third World in--80--

subjugation”.It is the question we have to answer at this 5th International Conference of the Chief Justices of the World.The United Nations is in deepest peril as it enters its 60th anniversary. Bush is tired of the U.N. having reduced it to totalimpotence but yet receiving occasional ‘pin pricks’ from the world organization, want either to subject it to the U.S. controlor destroy it altogether. His appointment as his Attorney General in place of John Ashcroft, Alberto Gonzales has bared hisclaws. Gonzales has called the U.N. an ‘obsolete’ institution. Kofi Annan described the U.S. in the publication “Torture andother cruel, inhuman or degrading treatment or punishment” which stated quite clearly. “The condoning of torture is aviolation in the prohibition of torture.” This condemns the U.S. because of its record of humiliation and torture in Iraq andAfghanistan. Gonzales, the new U.S. Attorney-General calls the UN conventions, including the Geneva Convention ‘quaint’and the U.S. has a right to look them in the name of fighting terrorism. Kofi Annan and the U. N. of which he is Secretary-General, however feeble, is an obstacle to the new imperialist policies of the U.S. Therefore Bush turns his genes on theSecretary General. He wants to cleanse the U.N. of “bribes, kickbacks and under the table payments”. Senator NormsCole says that they took place “under the U.N.’s collective nose” thereby libeling the entire 191 nation membership. CanAnnan rally their support ?His promise of “a New United Nations” on U.N. Day this year held high hopes that an U.N. Charter free from the Veto willbring about a New World Order. These hopes were dashed to the ground with the release of the 101 page report onDecember 2nd on U.N. Reforms. Alas, it recommends such appallingly inadequate changes as the expansion of theSecurity Council to 24 members. The five which are permanent, each with a Veto over matters brought before the body,are to remain so. Indian disappointment of the proposed reform was voiced during Russian President Putin’s recent visit.He was emphatic that “it would be unacceptable to erode the most effective tools of the U.N. Security Council.” The“haves” will not surrender their Veto power even to the world’s biggest democracy. The 101 page report of the U.N.Reform Committee is a ‘sop to Cerberus.’ Once again, in spite of the Damocles sword over his head, Annan is ready toplay ball with the U.S.Where do we go from here ? How best can we rally the Third world to build an organisation for enforceable world Law.On the 7th April 1978, 25 years ago a very bold step was taken by the late Shri Hari Vishnu Kamath, Member of IndianParliament for Hoshangabad. He thought that section 51in the Constitution of India can be based to further the cause of ademocratic Federal World Government. He, therefore, introduced “the Bill to further amend the Constitution of India.” Theamendment proposed was as follows: “The state shall endeavour to collaborate with other nations for the early formationof a World Constituent Assembly to draft the Constitution for a Federal World Government. “ In an excellent speech ShriKamath explained why the U.N. had failed to bring peace, security and economic prosperity. By virtue of its Charter itcould not. Only a World Federation can achieve this and India must make every endeavour to bring this about. A livelydebate followed. Both sides of the House were near unanimous in support of the Bill. The Lok Sabha reports makeinteresting reading. Unfortunately the Government fell and all Bills suffered eclipse However, the Bill to amend theConstitution of India was circulated among the Indian Legislators. Their opinions were in favour of the Bill.It is time we persuaded a member of the Lok Sabha to try again. Today we are in a stronger position. We have the backingof the Chief Justices of the World. As strategy we can encourage similar Bills or mere resolutions to be introduced into theParliaments and Legislatures in all countries. It could create conscientiousness among legislators and peoples of the world.The conclusion of this Supreme Chief Justice’ Conference, in my view, is that we must get along with a strategy, and Icommend it to this meeting and to Shri Jagdish Gandhi who spares no pains to make the world safe for the children bornand yet to be born.--81--

5th International Conference of Chief Justices of the WorldAddress byDr A.T. AriyaratnePresident, Sarvodaya International, Sri LankaI only want to say that ‘Dear children, 29,000 of you have undertaken the task onbehalf of not only world’s two billion children in the world but the whole of humanity’.At a time when the world is so advanced in Science and Technology, when every humanproblem can be non-violently solved, still we have the kind of problems that are mentionedhere, we are facing today. We have to bait resources that we are not usingproperly. One is the spiritual resources. Starting from the time of Upnishads, Vedas,Buddha, Emperor Ashoka and coming down to the period of Mahatma Gandhi wehave a spiritual resource. Then we have modern science and technology. What a beautifuland peaceful world we can build when these two resources are combined. Whydon’t they combine? There are several reasons.One is that we don’t have a shared or a common thought that can bring all of us together. Transformation has to take placefirst within our consciousness. What these children are doing is building consciousness in humanity that in the whole livingworld humanity is one. When we will accept the idea that we all are one then we have to respect one another. When werespect one another we have to share whatever resources we have, both material and non-material, for the well being of theworld. That means we cannot proceed to any kind of violence, it is non-violence that is going to be the guiding lines for allof us. Can we imagine how much of resources which are used today for destructive weapons etc could be saved toeliminate hunger and poverty from this world. So, we have to build up public thought on oneness of all what MahatmaGandhi called ‘Sarvodaya’—the well being of all, awakening of all.Secondly, we have to use all the technologies we know for the well being humanity and not for the destruction. We saw anexhibition of the brutal power of the war in Iraq in the 21st century. We thought by the end of the 20th century we will haveno war but we do still continue to participate in this barbarous exercise.Thirdly, we have to have a new structure; that’s why Mr Jagdish Gandhi approached to the judges of the world to at leastjustice which may be least corrupt today, to see if there is any possibility of putting right what have been put wrong by theexisting political and economical structures.All of us have come from the different parts of the world and this is my second time I am coming for this effort, we have tosay that ‘Thank you very much’. City Montessori School is not only educating twenty nine thousand children but areeducating the whole world, the whole human family, the need to build different kind of structures. United Nations is the bestwe have so far but we know that it’s not that effective. In spite of United Nations the Iraq war and several other armedconflicts happened. What is the answer? The answer is in whatever way we can do in our government this will never berealized through the existing political structure. Each one of us, every single human being can contribute to build such astructure which is above all the violent choices structure we experience today. For that we have to build peace in our mind,peace in our family and society and peace in the environment. If we can collectively doit around the world from wherever we have come, then I am sure that we can build amass of spiritual consciousness that will make the leaders of the world to think not interms of war and hatred but love and cooperation to eliminate hunger, poverty andviolence from our world.Dr AT Ariyaratne, President,Sarvodaya International, Sri Lankabeing garlanded at the ConferenceDr AT Ariyaratne, President,Sarvodaya International, Sri Lankaaddressing the ConferenceThank you very much and I wish all of you all the best and once again I thank Mr JagdishGandhi and his excellent colleagues and children for giving us such a good welcome andgreat hospitality. Thank you very much.--82--

5th International Conference of Chief Justices of the WorldAddress byHon’ble Mr P.H. ParekhPresident, Supreme Court Bar Association, IndiaThe subject of this conference is «To Foster respect for International Law as envisagedin Article 51 (c) of the Constitution of India». This article is designed to remind allwings of state that every endeavour and effort should be made to promote internationalpeace, security and harmony.Article 51 of the Constitution of India, 1950, enjoins the State to “endeavour to(a) promote international peace and security;(b) maintain just and honorable relations between nations;(c) foster respect for international law and treaty obligations in the dealings oforganized peoples with one another”Hon’ble Mr P.H. Parekh, President,Supreme Court Bar Association, Indiaaddressing the conferenceIn view of Article 51(c) of the Constitution, international law and treaty obligations are tobe respected. Indian Courts have applied these principles in domestic law where they are not inconsistent with domesticlaw. In the case of (Ktaer Abbas AI Qutaifi v. V.O.I.) the Gujarat High Court of India held in 1998 that the principle of“non-refoulement” is encompassed in Article 21 of the Constitution of India. In Gurunathan’s case and in Nedumaran’scase, the High Court of Madras of India has held that refugees will not be expatriated unless they express their willingnessvoluntarily and that there will be no force in sending them back to their native place against their will. In Dr. MalavikaKarlekar’s case, the Supreme Court of India held that refugees may not be deported if a prima facie case is made out forthe grant of refugee status unless these individuals pose a danger or threat to the security of the country.Article 51 is the last article in part IV of the Constitution of India which provides a marginal note in the Constitution forpromotion of international peace and security. Sub-article (c) should thus be read as an obligation of the State to endeavourto promote growth and development for International Law and municipal Law.Clause (c) of the above article refers to “fostering respect for international law” but today there is no legally constitutedWorld Parliament for enacting international laws which would be enforceable on all the countries and peoples of the world.A law that has no legal sanctity, is not legally enforceable and if it does not carry a penalty for its violation cannot be calleda law at all. In that sense, there is no international law in the world today. In order to respect the international law, we needto have a legally constituted World Parliament which has the power to frame international laws for the whole world.International body like the United Nations which runs its activities with the contributions and donations of various countriesand which is mostly guided by five veto powers has no power to legislate and its decisions are also openly flouted andignored by member countries.The Constitution of India is unique in specifically stating the commitment of the nation to international values. I believe thatit is not by accident that respect for international law has been grouped with international peace and security, just andhonourable relations between nations and settlement of international disputes by arbitration. Respect for law is fundamentalto peace and security in society.India, as the largest democracy in the world, is rightly expected to live up-to these principles. The Indian legal and institutionalframework, based on respect for fundamental rights, is extremely conducive, sensitive and responsive to the implementationof the principles of international law brought in line with these general cultural and constitutional contours of the Indianpolity.The Indian judiciary has, however, been in the habit of making sure that the court martial proceedings conform to the human--83--

ights standards of the Indian Constitution. Thus, for instance, the Supreme Court of India held in S. N. Mukherjee v.Union of India, (1990) 4 Supreme Court Cases 594, para. 42:“This Court under Article 32 and the [State] High Courts under Article 226 [of the Constitution] have, however, the powerof judicial review in respect of proceedings subsequent thereto [i.e., in respect of the court martial proceedings] and cangrant appropriate relief if the said proceedings have resulted in denial of the fundamental rights guaranteed under Part III ofthe Constitution or if the said proceedings suffer from a jurisdictional error.”India became party to the 1949 Geneva Conventions for the protection of war victims in 1950 (it has not yet become partyto the 1977 Additional Protocols), and incorporated them into its statute book through the Geneva Conventions Act, 1960.The Statement of Objects and Reasons made by the government while introducing the bill for this enactment explained thatthe enactment was required because it was expected of India as a party to the conventions to provide for punishment of“grave breaches” referred to in Article 50 of the First Geneva Convention and equivalent articles of the succeedingConventions; conferment of jurisdiction on our courts to try offences under these Conventions, even when committed byforeigners outside India; extension of the protection given under the existing law to the emblem of the red cross and to thetwo other emblems, namely, the red crescent on a white ground and the red lion and sun on a white ground.The Constitution of India makes some of the fundamental rights available to “all persons”, not merely to Indian nationals.Thus in the Chakma Refugees cases [32] the Supreme Court of India specifically held that the Article 21 guarantee of theright to life and personal liberty is applicable to foreigners as well, and that the Indian State has an obligation to protect thelife and personal liberty of even refugees if they have been admitted into the Indian territory. As applied by the IndianSupreme Court, Article 21 encompasses the whole gamut of protection of the person and dignity of an individual, and thereference to “personal liberty” covers most essentials of criminal jurisprudence.The view of those who doubt that international law can rightly be called law at all because of lack of enforceability cannotbe brushed aside. It is a view that has engaged the concern of jurists for quite some time. It is however fitting to recognizethe fact that, gradually, international law of the same character as law as municipal law may not have been attained yet. Itmay even be sometime before that ideal is achieved. However, the movement towards the achievement of a world legalorder is manifest. Quite apart from this important conference whose signal achievement is to sensitize the internationalcommunity to the need to strengthen international law and make it truly ‘law’ in character, there is the growing number ofinternational multilateral treaties, conventions and agreements and regional groupings which have prepared states for thetime when, in its fullness, international law will demand that states submit more of their sovereignty.Although a full world legal order has not yet been achieved, it is manifest that in several areas of international cooperationthe time may not be distant that a world legal order may emerge. In recent times we have witnessed the development ofinternational efforts to curb trans-border crimes, a greater commitment of the international community to prosecute crimesagainst humanity and establishment of tribunals to try international crimes. These, in may view, given the will of the internationalcommunity, are fore-runners to a full-fledged world legal order.Today, people all over the world, particularly the children are deeply perturbed and fear for their future. Most people aremortally afraid that the enormous nuclear stockpile of nearly 36,000 warheads, assembled by the seven nuclear countries,will one day end all life on our planet either in a deliberate war or by accident. The United Nations has proved utterlyincapable of stopping this suicidal arms race. Before the UN came into existence, there was only one country i.e. USAwhich had the Atom Bomb (a toy Bomb in comparison to the Nuclear Bomb). Today, we have seven countries with about36,000 nuclear warheads.1. United States has 12,070 nuclear bombs capable of reaching all over the world2. Russia has 22,500 nuclear bombs with range of 11,000 kms3. France has 500 nuclear bombs with range of 5,300 kms--84--

4. China has 450nuclear bombs with range of 11,000 kms5. Great Britain has 380 nuclear bombs with range of 12,000 kms6. India has 65 nuclear bombs with range of 2,500 kms7. Pakistan has 25 nuclear bombs with range of 1,500 kmsI believe that we can build on the experience we acquire from international co-operation and regional groupings to makethe move for an international legal order with a World Parliament with full legislative powers in its allotted sphere and aWorld Court whose judgments will be enforceable.The Supreme Court’s jurisprudence has, since 1977, undergone a seachange, inter alia in matters of human rights orfundamental rights in the language of the Indian Constitution: in situations which reveal serious inadequacies in the Indianlaw, the human rights provisions in the Constitution have since then been interpreted and applied by the Court in harmonywith developments in international law, without waiting for the legislature to formally amend domestic law.The world is not by nature a peaceful and stable place. Conflicts have been fought between great and small powers, overideas and over land, over resources and over peoples. Yet, we have had the good fortune of enjoying over the past 50years one of the most stable periods in human history. The growth of global trade and investment, development of newtechnologies, conquest over disease, along with advances in food production, have enabled mankind to make more materialprogress in the last 50 years than in any other period in history. The world economy is over six times bigger now than in1950, and the volume of world trade is nearly twenty two times what it was. Life expectancy has increased in both rich andpoor countries, and it is still rising.The provisions enshrined in Article 51 of the Indian Constitution is a beacon and provide a ray of hope for saving the worldfrom the impending nuclear and environmental catastrophe. Only a legally constituted ‘World Parliament’ with the power toenact international laws that apply to all countries of the world as well as to all individuals, can provide the much-desiredpeace and security to the people of the world.Just and honourable relations between nations becomes an ideal independent on the will of powerful nations where internationallaw is weak or silent. Equality of nations becomes a pious sentiment if international law fails to regulate relations betweennations. Although in some ways international law recognizes the need to regulate relations between nations, its weaknesslies in the weakness or even absence of effective coercive mechanism for ensuring the observance of its injunctions.It will be naive to deny that these suggestions are futuristic, given the predilection of states jealously to guard their sovereignty.Futuristic though these suggestions may be, they are not incapable of fulfilment. All that is needed is the will. That will cannoteasily be brought into existence without constant discussion of the need for the world to come together more strongly andmore meaningfully to protect itself from destruction.I thank the organizers of this Conference for their initiative in brining about this Conference and for their thoughtful initiativein bringing to the fore the need to preserve the world for ourselves and the future generation through the strengthening ofinternational law.Flying over fields of missiles capable of destroying humanity on the basis of a single decision byan individual of normal fallibility, whatever the safeguards, evokes a lalent uneasiness about thehuman condition. Here are weapons in a state of readiness for which there is no precedent inhistory, yet for whose use and consequence no practical experience is possible.— Henry Kissinger (Former Secretary of State, USA),Years of Upheaval (1982) at 1195--85--

5th International Conference of Chief Justices of the WorldAddress byDr Ashok NigamPresident, Oudh Bar Association, High Court, Lucknow Bench, IndiaIn fact it is very difficult to speak after such a wonderful and colorful speaker like MrSalman Khursheed, but in any case I feel great honour and proud privilege to be giventhe opportunity to address this august gathering. I cannot but congratulate Shri JagdishGandhiji for highlighting the Article 51 (c) of our Constitution. However, I may point outthat Article 51 (c) is not an isolated provision, or a showpiece, it is exhibiting our concernfor World Peace and International Order but it is the end result of our constitutionaland social ethos which has evolved since the dawn of civilization in our country. Even inthe Vedic age, our Rishis and saints have taught us to treat the entire humanity as onefamily, ‘Vasudhaiv Kutumbakam’. The prayer we make to God is that every humanbeing should be happy, without fear and blessed with the bounty of God.Dr Ashok Nigam, President, Oudh BarAssociation, High Court, LucknowBench, India addressing the ConferenceSarve bhavantu sukhena, sarve santu niramayaSarve bhadrani pashyantu maa kashchid dukh bhag bhavetAnd we are told to work together, think together and unitedly to strive for common good, strive for World Peace is a partof our cultural heritage.Om Dhyau Shanti, Antarikshaguam Shanti,Prithvi Shanti, Rapah ShantiRoshadhaya Shanti Vanaspatayah ShantiShanti Vishwedeva Shanti Brahma ShantiSarvagyuam Shanti Reva Shanti Sama Shanti RedhiThat is, let the sky be peaceful, let there be peace in horizon and on the entire Earth, let the herbs and vegetation grant uspeace, let peace and harmony prevail in each and every corner of this universe. In the medieval ages Mahatma Buddha orLord Buddha preached us, not only to us but to entire humanity, the religion of tolerance and non violence. Down to themodern age, the Father of our Nation, Mahatma Gandhi, led us to victory through cult of tolerance, peace, harmony andnon violence. Our Constitution itself is a product of our long struggle for freedom against the foreign yoke. Those were alsothe days of worse sort of violence and strife in the world. Two successive World Wars were fought dividing the world intotwo camps. Even after the World Wars were over, the world was in the grip of Cold War. Naturally, in these circumstancesthe greatest challenge faced by the country was to preserve our sovereignty at all cost. Yet Founding-Fathers of ourConstitution did not lose sight of the fact that if the humanity is to survive, there has to be a new World Order based onpeace, harmony and mutual respect of each others’ sovereignty, rights and liabilities among the comity of nations.Hence Article 51 was introduced in the Constitution which directs the state to promote International Peace and Security,maintain just and honorable relations between the nations, foster respect for International Law and treaty obligations in thedealing of organized people with one another and encourage the settlement of international disputes by arbitration forpaving the way for the establishment of a just social order. No doubt the Article 51 forms part of Directive Principles ofState Policy which may not be enforced in the same manner as Fundamental Rights but they surely show the path on whichthe successive governments have to walk on, and contain guidelines which the legislature had to follow. Many jurists havetherefore taken a similar view towards its utility. Thus Professor Weed in his thesis India’s New Constitution says, “Asthese principles cannot be enforced in any court, they amount to little more than a manifesto of aims and aspirations.” SirEdward Jennings, in an article in The Hindu, a daily newspaper, said about the Directive Principles, that they can be usedfor the purpose of private and political criticism but they confer no legal rights and create no legal remedy. It all reads likeand is a political manifesto.” However, when Article 51 (c) is read in the light of judicial opinion and foreign policystatements, it suggests otherwise. One such landmark judgment in the Supreme Court of India which has dealt with theapplicability of the international conventions to the country, the apex court has said in the case of Vishakha Vs State ofRajasthan 1997, held that “In the absence of domestic law occupying the field, to formulate effective measures to check theevil of sexual harassment of working women at all work places, the contents of international conventions and norms are--86--

significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in articles14, 15, 19 (I) (g) and 21 of the Constitution of India and the safeguards against sexual harassment implicit therein.” Thenit goes on, “any international convention not inconsistent with the fundamental rights and in harmony with its spirit must beread into these provisions to enlarge the meaning and contents thereof, to promote the object of constitutional guaranteeregard must be had to international conventions and norms for construing domestic law when there is no inconsistencybetween them and there is a void in the domestic law”. As early as in the year 1973 in the constitutional bench judgment inthe Keshavanand Bharti’s case the Supreme Court underlined the importance of international covenants in interpreting andgiving contents to the fundamental rights included in part III of our Constitution.Similarly, in a string of landmark judgments the Supreme Court has read the provisions of various international conventionsinto Article 21 and other Articles related to fundamental rights. It would, therefore, appear that using article 51 as a tool inits hand the Supreme Court has been able to inject into part III of the Constitution the vast number of rights flowing from theUnited Nations Charter from the various conventions ratified by India and, in particular, the International Convention onCivil and Political Rights 1966 and Convention on the Elimination of all Forms of Discrimination against Women 1979. Infact as many as 28 items out of 34 rights included in the United Nations Charter for Human Rights have been included inpart III and part IV of the Constitution of India. In S. R. Bommai Vs Union of India’s case the Supreme Court held that theprovisions of the covenant which elucidate and go to effectuate the fundamental rights guaranteed by our Constitution cancertainly be relied upon by courts as facets of those fundamental rights and hence enforceable as such.Article 51 (c) embodies the dream of the founding fathers of our Constitution who wanted peace and harmony in the world.They were keen to incorporate whatever was the best in the interest of our nation. At the same time they also had tosafeguard against the over-enthusiasm of legislatures lest in their zeal they compromise on the basic integrity of our countryand incorporate or ratify conventions which we neither need nor can afford due to the complex and intricate nature of ournation. Therefore the Constitution envisages a goal for the legislature in the form of Directive Principles of State Policy.Article 51(c) is one such goal and a tool to fulfill this goal is in the form of enabling power of the parliament under article 253read with entry 14 of the Union list in the seventh schedule of the Constitution. In case of People’s Union for Civil LibertiesVs Union of India the Supreme Court referred to Article 17 of the International Covenant on Civil and Political Rights 1966and Article 12 of the Universal Declaration of Human Rights 1948 so as to derive from Article 21 a right to privacy in India.The Court observed in this connection “International law today is not confined today to regulating the relations between thestates but the scope continues to extend. Today, matters of social concern such as health, education, and economics apartfrom human rights fall within the ambit of international regulations. International law is more than ever aimed at individuals.It is almost an accepted proposition of law that the rules of Customary International Law which are not contrary toMunicipal Law shall be deemed to be incorporated in the domestic law. All these would indicate the pre-eminent positionof Article 51 (c) of the Constitution enjoys as in this country fostering respect for International Law and treaty obligationwith one another. This has resulted in the International Law being injected into the domestic law with the Constitution beingclassified as municipal law for this purpose. As a result through very proactive Judiciary which has utilized interpretative skillby utilizing the provisions of Article 51 for extending vast rights and expanding the existing rights by giving effect to theInternational Conventions which it has ratified though no municipal law has been enacted to implement these treaties.The demand for a World Parliament and Enforceable International Law raised by eminent thinkers, philosophers andhuman rights activist from time to time has often being dismissed by powerful nations as an Utopia. But then even theLeague of Nations or present days United Nations was considered to be so even in the 19th and early 20th century, butthey are reality now. However, in the words of Dr S. Radhakrishnan, the former President of India, ‘The world has gottogether as a body; it is groping for a soul”. May I invoke at this juncture the famous Chinese proverb to the effect that “Inpitch darkness even if you cannot light 100 candles-light just one candle and you will be diffusing darkness”.The humanist therefore need not to be dejected and need not give up their efforts to develop the present world forumavailable namely the United Nations, to a future World Parliament.The endeavor of the convenor of the present Conference Mr Jagdish Gandhi, the Founder-Manager, CMS has at leastlight one such candle which may serve as a lighthouse to the entire humanity in future and I therefore congratulate him for thesame. I also profusely thank Shri Gandhi and his team for giving me this opportunity; I wish the Conference all success. JaiJagat.--87--

5th International Conference of Chief Justices of the WorldWelcome Address at Ist Plenary session byMr. Ratan Chandra GuptaFormer Joint Secretary, Law, Government of U.P., India,General secretary, City Montessori School, Lucknow and Editor, Conference Brochure.On behalf of the City Montessori School, the organisers, its teachers and students, andon my own behalf, I extend a very very warm welcome to you at this 1st Plenary sessionof the 5th International Conference of Chief Justices on Article 51(c) of the Constitutionof India.Lordships and dignitaries, You have travelled long distances and found time out of yourbusy schedule to be here at Lucknow, to attend this Conference. This is for sure, a signof your concern about present day problems, a sign of your aspiration for world unityand world peace and for providing a safe future for humanity, to the children and futuregenerations and a sign of your conviction that enforceable international law enacted by aduly constituted world body or Parliament is necessary to establish order and regulateconduct of nation-states and the people. Sir, I welcome you and express heartfelt gratitudeand regard for your convictions and aspirations and for your love for children.Mr R C Gupta, Former Joint Secretary,Law, Govt of UP, India, Gen. Secretary,CMS addressing the ConferenceHon’ble Sir, we have heard views of learned luminaries in the inaugural session this morning and in World Parliamentpresented by children about turmoil around the world and about appalling condition of children. Now, I would like to drawyour kind attention to certain facts. According to published figures, man made deaths in 20th century till 1970 has beenestimated at 110 millions. How many more have been killed after 1970 in various low intensity and ethnic and civil wars,and by terrorists in the name of religion, is recent history. It has been estimated that in the past 10-12 years 2 million childrenhave died in wars and more than 4 million have become handicapped, many more have become homeless and orphans.This is heart tearing indeed.Learned speakers and Mr Gandhi also spoke about stockpiling of weapons of mass destruction. These bombs are amassedon the pretext of defence and maintenance of peace. Are they really going to help us? Gerald Bosacker says —“We build more bombs to sadly learn,That it is not peace that weapons earn,When mountains melt and rivers burn”.According to U.N. figures - in the year 1995, the world spent more than 1.5 million dollars each minute on defence - a totalof 800 billion dollars in one year - staggering figures, beyond comprehension. Now, again, according to UNO, an additionalamount of 6 billion dollars a year would be needed to achieve universal basic education, an additional 13 billion dollars ayear to ensure basic health and nutrition for all and an additional 9 billion dollars a year would be required to provide cleanwater and sanitation world wide. These requirements for such basic necessities are negligible as compared to defencespendings. More than one billion people-majority of them children - either have no homes or live in inadequate housing. Ifa part of defence expenditure is consecrated to the well being of mankind, it will provide succour to humanity.Millions of children have died and millions crippled and orphaned in wars-civil and ethnic, leading to a pathetic life. Who isgoing to help them, feed them, clothe them, love them and arrange to educate them. Their condition is appalling, all createdby us - the elders. A Hindi poet has aptly put his apprehension in these words -'Mere dil ke kisi kone main, ek masoom sa bachcha,Baron ki dekh kar duniyan, bara hone se darta hai. 'It means ‘An innocent child in a corner of my heart, is afraid to grow up on watching this world of elders’. A child with aheart so pure and simple cannot think of treading the path which we elders are treading. Hence afraid.There are other problems too, like ecological imbalance, drug trafficking, money laundering, HIV/AIDS, economic disparity,poverty, illiteracy, exploitation of the weaker, violence. People look to intelligentsia, honourable justices and the elite for--88--

edressal of their grievances. There is large scale discontentment which may boil and has to be checked. An Urdu poet hasrightly said -Mere aashiyan ka tu gam na kar, yeh jal raha hai to jala kare,Magar in hawaoon ko tu rok de, yeh sawal sare chaman ka hai.I have tried to translate it thus -“Feel not sad for my garden,If it burns, let it be,But let it not engulf the earthDestroying all and thee.”Sir, we have to strive to check the violence, lawlessness, terrorism and the fire of hatred, intolerance and violence and bringin an era of unity and love, religious tolerance, cooperation and co-existence, and not lessons in hatred and violence.Lordships, it is said that destiny is not a matter of chance, it is a matter of choice, it is not a thing to be waited, it is a thingto be achieved. So, we have to make a right choice and then strive to achieve what we want. First and foremost is theurgent need for popular recognition of need for unity and peace. World-wide awareness has to be created and media canplay an important role. Mass opinion will then compel politicians to part with some part of sovereignty and it will pave wayfor a duly and reasonably constituted and represented World Parliament which can enact laws. Only such laws can beinternationally enforceable. We all are aware that decisions even of ICJ are not binding on unwilling nations. ‘Laws notenforced cease to be laws and rights not defended may wither away’ said Thomas Moriarty.It is generally opined that a world order functioning through international organs structured on democratic principles, wouldbe more effective in ensuring maintenance of international peace and security and in providing progressive development ofinternational society. President of the Czeck Republic, Mr. Vaclav Havel, has supported the concept of a law-makingworld body under U.N. in his address at the Millennium Summit of the United Nations at New York on 8th September,2000. He said, I quote :“United Nations would probably have to rest on two pillars : one constituted by an assembly of equal representatives ofindividual countries, resembling the present plenary, and the other consisting of a group elected directly by the globe’spopulation in which the number of delegates representing individual nations would, thus, roughly correspond to the size ofthe nations. These two bodies would create and guarantee global legislation.” unquote.But who is there in U.N. to support such views. Will the veto powers agree to relegate their authority? The ever-closerintegration of the expanding European Union can set an example and lead the world away from the notion of completesovereignty of the nation states.Hon’ble Lordships, our only hope rests with you. We all must have hope, as envisaged in this Urdu couplet -Nafraton ne har taraf se gher rakha hai hamen,Jab ye deewaren girengi rasta ho jayega.I have tried to translate it thus‘Surrounded are we, by wallsOf hatred and enmity,When dismantled, it willpave way for love, peace, prosperity’.We hope the walls will be dismantled by united efforts.Now, I want to add here that our hope rests more with ladies, who are so very capable to play roles of real benefactor, likea kind sister, a loving wife, a caring mother and a nurse with love abound in their heart for their children and concern for theirsafety. I appeal to them, especially to those in judiciary, to raised their voice and play a more active role for a safe futurefor children.Lordships and dignitaries, I once again welcome you and pay my heartfelt gratitude to you for your ideals, convictions andaspirations for the welfare of humanity. Jai Jagat.--89--

5th International Conference of Chief Justices of the WorldDraft of Address ofHis Excellency Alhaji Dr. Yahya A.J.J. JammehPresident of the Republic of the Gambia(His Excellency the President of the Republic of the Gambia could not, for unavoidable reasons, attend the conference.He, however, sent draft of his speech through Hon’ble Mr Edward Singhate, Secretary of State for Trade,Industry and Employment, Gambia which is being published.)Mr Edward Singhate representing H.E.Alhaji Dr. Yahya A.J.J. Jammeh,President of the Republic of Gambiareceiving the Conference MementoThis International Conference of Chief Justices of the World, which, as you all know,has been organized on behalf of the world’s two billion children and generations yetunborn, has as its theme the obligation under Article 51 (c) of the Constitution of Indiaimposed on the State to “endeavour to........foster respect for international law”. Thetheme of this conference is very important and topical particularly at this time in thehistory of mankind when the world is fast becoming one global village and the actions ofone nation can and do have far-reaching repercussions throughout the globe. That iswhy we must state firmly and unequivocally at this conference “Enforceable InternationalLaw is THE IDEA whose time has come.”It is important to note that “Enforceable International Law” is still an IDEA, not a reality;and that only concrete actions on the part of States and individuals alike will make it a reality. It is also important to realizethat while there is what is called “International Law”, that law is to a large extent unenforceable because there is not a worldorgan to enforce it. UN Security Council’s Resolutions are consistently manipulated and flouted and the UN itself throughthe lack of cooperation of some member states has been rendered impotent in the face of massive military interventions.Our ecology is being rapidly destroyed while some industrial nations, the main contributors to eco-disaster, continue torefuse to join the global fight against environmental degradation. The proliferation of nuclear weapons and internationalterrorism continue unabated. Indeed, the time has come for enforceable International Law to move from the realm of ideasto that of actions. We need to ACT NOW for the benefit of the world’s two billion children and generations yet unborn.That is why, you have been invited to participate in this 5th International Conference of Chief Justices of the world. Asmembers of the third arm of government, the organizers have appealed to you for your help in safeguarding the future ofour children. This recourse to you as members of the judiciaries of the world is by no means an accident. It is born out ofa sense of frustration at the unwillingness or inability of world governments and the UN to act to make international lawenforceable. It comes from the realization that the judiciary can exert pressure on the executive to redress wrongs and takeconcrete action towards the attainment of a world fit for our children to grow and prosper in. The pivotal role of thejudiciary in ensuring world peace and unity has in recent times been highlighted with the establishment of the InternationalCriminal Court, and the ad-doc Criminal Tribunals for former Yugoslavia, Rwanda and Sierra Leone. Their establishmentis a clear testimony to the felt need for enforceable international laws, and they deserve our full support.But the judiciaries of the world alone cannot ensure the realization of enforceable international laws; they need the activeand dedicated cooperation of the executives and legislatures of the world so that collaborating together they can ensurethe promulgation and implementation of international laws. We are indeed aware of the vigorous efforts of the indefatigableFounder Manager and convener of this Conference, Mr. Jagdish Gandhi, for the constitution of a World Parliament thatwould enact enforceable international laws and a World Government to implement them in addition to a World Judiciary toenforce them. I would like to assure him, the CMS and the children they represent of my Government’s full support for therealization of this IDEA whose time has indeed come.We in The Gambia have been contributing to the realization of this idea, the idea of creating a new international Worldorder where every nation, great and small, will have a voice and where peace and unity will reign supreme. It may be--90--

egarded as an idea, but without the ideas human progress is impossible. We are unrelentlessly committed to a world fit forchildren. As a matter of fact I think we are the only least developed country in the world that has introduced free educationfor all girls and as a first step in moving towards free education for all. Permit me at this juncture to read to you theintervention of a Gambian Girl Child at the Opening Ceremony of the Third Term Review of the Government of TheGambia and UNICEF-2002-2006 Programme of Cooperation held on the 24th of November 2004. She had this to say:“Mr. PresidentIn June 2003 we were given the chance to realize our dreams in this story of child participation, when we registeredchildren in The Gambia as part of the Day of the African Child, under the theme Birth Registration. We participated andhelped public health officers to mobilize various communities to register their children. I and other children registered 3,000children under five, and that was only in a day’s work.What was so wonderful in this story of Birth registration was not the number we registered in a day, but that we haveperhaps registered a future President, teacher, nurse, minister, parliamentarian, diplomat, priest, imam, community leader.Any way you look at it, we had registered the future, because we are the future in these stories we tell.”This young girl spoke so well, that I asked her- what were her dreams, what does she want to do when she grows up. Shereplied, I want to study to become a lawyer and fight for the rights of the child, to ensure that this dream in our story doescarry on. But in my dream I also want to go further, to be come the Secretary General of the United Nations. This girl likeall other children have wonderful dreams, we cannot afford to let those dreams turn into nightmares. We owe it to theworld’s two billion children and generations yet unborn to create a world fit for children. We owe this duty of care to ourchildren, a duty of care, which I dare say, should be enforceable. Finally, in wishing you a very fruitful and action-orienteddiscussion, I extent special greetings from the children of the Gambia.Hon’ble Chief Justices, Justices and Legal luminaries at the 5th InternationalConference of Chief Justices of the World on Article 51(c) of theConstitution of India--91--

5th International Conference of Chief Justices of the WorldDraft speech ofHon’ble Mr Justice Ganbat ChimedlkhamChief Justice of Supreme Court, Mongolia[Hon’ble Chief Justice of Mongolia sent his proposed speech in advance, but could not, for unavoidable reasons, come to participatein the conference]On behalf of Mongolian Judiciary, I have attended previous Conferences and can tellremarkable growth of other nations involvement in this Theme. Therefore, I still stronglysupport your goal to set up a World Parliament and believe that such deliberations oflawyers as you intend to have at your conference could contribute considerably to theimprovement of lives of all children in the world, that is how they could enjoy peace andsuffer less deprivation and humiliation from now on.I think that Conference needs to urge rest of countries and their Justices to put moreclose attention to this internationally important issue.Hon’ble Mr Justice Ganbat Chimedlkham,Chief Justice of Supreme Court, Mongoliaaddressing the 4th ConferenceIndian National seminar document says “No other Constitution in the world has a provisionlike Article 51(c) of the Constitutions of India”, if so, other nations should have same article in their Constitution as well as.In that time, some other nations become having same article in their Constitutions, appeal for safeguarding the future ofworld’s children will sound more and more powerful than ever before. I leave this open for future discussion.As I said at last conference, Mongolia is a peace loving country. The constitution of Mongolia provides that it will adhereto universally recognized norms and principles of international laws will pursue a peaceful foreign policy and fulfill in goodfaith its obligations under international treaties.I surely believe that CMS can reach its goal which “Enforceable International Law” along with world’s two billion childrenand Justices of the World. Let’s “Do good to whole world”.Participants of one of CMS international events--92--

5th International Conference of Chief Justices of the WorldDraft speech ofHon’ble Ms Janat B. MukwayaMinister of Justice and Constitutional Affairs, Government of Uganda[Hon’ble Minister of Justice of Uganda was held up owing to unavoidable reasons. However, address of the Hon’ble Minister, receivedin advance is being published]It gives me great honour and pleasure to be invited to attend and address this augustConference for the third time in succession. On behalf of my government I would like toexpress my gratitude to the conveners of the Conference for always inviting Ugandanluminaries to participate at the highest level. This gesture is a sign of the good and excellentrelationship between the peoples and governments of the two Countries. It is thusimportant from the outset to officially deliver the special greetings from H.E. The Presidentof Uganda to H.E. The Prime Minister of India and from the government and people ofUganda to their counter parts in India.The theme of this year’s Conference remains vital to the attainment of peace anddevelopment for all the countries of the World, rich and poor, big and small and weakHon’ble Ms Janat B. Mukwaya, Ministerof Justice and Constitutional Affairs,Government of Uganda addressing the4th Conferenceand powerful. It is indeed true and correct to state again and again that the enforceability of International Law is the needof the hour whose time has come. A great deal of international treaties, conventions, charters and declarations have beenmade by countries and governments. A lot of resources and time have been spent and a lot of documents have beenproduced to establish enforceable International Law. It is therefore logical and sensible to have all the treaties and normsthat constitute International Law enforced as an outcome that has impact to the lives of the people of the World. This pointcannot be made and implemented if the children as the future generation are to benefit from efforts of this conference.I would like to pay tribute to the conveners of the Conference for their determination, belief, courage, competence andconfidence in the pursuit of the great idea of peace in the world founded on enforceable International Law. This vision offersthe best win-win situation for all the peoples of the world especially the children whom we wish to never experience thetragedies of wars that have ravaged the world in the past and are still going on in many countries. We need the convictionthat this conference can trigger a series of actions that can lead to the achievement of this noble cause.The role of the Judiciary as an institution and the Judges is very critical to the realization of enforceable International Law inthe world. As a third arm of government that enjoys independence in their work, and managed by highly qualified professionalswith similar principles, the judiciary is in a very good position to enforce international law and norms in all countries in thenormal course of their work. I therefore appeal to the Chief Justices and Judges here present to put the theme of thisconference in practice and spread the message to all their colleagues. Judges do have a lot of power that can make apositive difference to the development of enforceability of international law in all countries.It is of great interest to me that this conference, as an annual event, should put in place work plans with targets that can bemonitored and evaluated periodically. This will help us to measure progress and achievements and address the challengesthat affect enforceability of International Law as the idea whose time has come. My government is committed to theobservance of International Law and supports the initiatives of Mr Jagdish Gandhi and all his colleagues and the Childrenof City Montessori School.In conclusion allow me to appeal to all the participants of this Conference to give support to this cause for the good of futuregenerations. The reforms being considered at the United Nations should be enhanced to help realize peace and tranquilityin all countries of the world. I am hopeful that our efforts from this conference will be rewarded.--93--

5th International Conference of Chief Justices of the WorldDraft speech ofHon’ble Mr Justice L. A. QuisumbingJudge of Supreme Court, Manila, Philippines[Hon’ble Mr Justice L.A. Quisumbing had sent his speech in advance, but could not come to participle owing to compellingcircumstances at the last moment. However, his speech is being published]Has the time arrived for the idea of truly enforceable international law to reign in the global arena? Is international law nowenforceable in cases among individuals in domestic courts as they are for sovereign states in international tribunals ? Dopeople think of and accept international law as part of legal culture, what jurists and laymen alike universally consider the“the Rule of Law,” rather than of naked force among men and among nations ?Questions like these are not novel. Nor are they idle. They bring anew, and to the forefront of our concerns, the profoundneed for rationality, predictability and reciprocity in the conduct of foreign policy and international relations. But even moreimportant, they signal our individual as well as collective longing for human rights and for safety and security, for rectitudeand respect in our daily lives.For as well said on television by an Iraqi refugee, “The more we are told we are free, the more we fear for our lives and forour future.” Our anxiety breeds doubt. In the words of our Chief Justice Hilario G. Davide, Jr. speaking recently beforeEuropean and Asian jurists and advocates. “It makes absolutely no sense to assert human rights without at the same timeclaiming them at all.”My short answer to the principal query propounded before us is affirmative. It could be an enthusiastic, “Yes” But myinstincts as an advocate tell me that such enthusiasm must be qualified by due diligence and a lengthy reservation. We havearrived, we have gained a foothold, but I am not certain that we will not side back to another dark age of interstatelawlessness resulting in chaos. Our daily media fare, as everyone could see, now mainly consists of globalization, ofconflict, violence, and war on terror. Human rights, the mantra of the past half-century, must now be yoked to the cry forhuman security.Indeed in the 20th century, according to Prof. Weston and his colleagues, (Weston et al., International Law and WorldOrder, 1992, 2nd ed., p.1137)‘……in reaction to two world wars and the advent of nuclear weapons, legal constraints on the use of force have beenformally agreed upon by States and interpretative and implementing organs have been established in the form of internationalorganizations— first the League of Nations, more recently the United Nations. As well as Nuremberg principlesestablished a legal foundation for imposing criminal sanctions on those who act on behalf of the State in a manner thatviolates international legal obligations in the area of war and peace.”But as Weston et al. observed, the results of these legal efforts have been generally disillusioning. They concluded that “Theself-help ethos has persisted, especially for the major international players. The United Nations remains marginal to majorpolitical crosscurrents in most instances, even where the super powers have not been directly involved. The Iran-Iraq Warwas waged over a period of almost eight years in the 1980s, about twice as long as World War II, while the UN was gridlocked the whole time by contrary political currents and became, in fact, an awkward spectator.”While lately it has become fashionable to lay the blame on the Sovereign States System, which underlies our presentconcept of international law, I am not prepared to say that the shortcomings or the weaknesses of the states within theUnited Nations Organization in the task of maintenance of peace, eradication of war, and the promotion of human rights,justice and security have doomed that organization. For unilateralism, or dominance by one super-power, especially afterNine-Eleven, is not now a consummation devoutly to be wished. Allegations of torture and other abuses from Abu Ghraibprison to Guantanamo Bay detention cells grab our attention and fill us with foreboding. Neither Leviathan nor Hegemonfulfills mankind’s aspirations for a just order in the world. We have had enough of man’s inhumanity to man. And yet,concerned observers of humanitarian law harken to better days ahead, perhaps with a reformed Security Council, lessconstrained International Court of Justice, and more pro-active tribunals sponsored by United Nations. As Edward Newman--94--

of the UN University said, security “lies in the heart of our individual and communal existence. It is the public good fromwhich all other individual and societal values and goods can flourish. Whilst our basic human needs have changed little, henoted, “our conceptualization of security, and our approaches to achieving and maintaining security, have undergone arapid evolution.”The present UN Secretary General, Kofi Annan, in his 1999 report rightly remarked that we entered the 21st century, andthe new millennium, with an “international code of human rights” which is one of the “great accomplishments” of the 20thcentury. Everything that the United Nations would undertake, said Prof. David Forsythe, “is to be ultimately measuredagainst the protection of personal rights defined under international.” Prof. Forsythe suggested that considering “the extensiverange of universal human rights already recognized by the international community, it is crucial that more be done tosecure their implementations—to move the law on the books into the realm of living law.”Sanguine as we are in this regard, however, we must face the task of international law implementation even more realisticallyand forcefully than before. Classic natural law foundations have been greatly shaken by positivism in our jurisprudence.Law enforcement, even at the domestic level, as noted by legal historian, Lawrence M. Friedman, is not a job thatmostly depends on the state, the law, and the government. The level of law enforcement, he states, “is profoundly variableand, like every other aspect of the legal system, a matter of norms, desires and politics.” And we stress especially realpolitikin the world scene.In affirming the observations of a legal specialist on civil war, Erik Castren, that “states have been inconsistent with regardto the relevant legal questions, while consistently keeping in mind their own interest,” Prof. Richard Falk commented :“Governments are guided not by fidelity to norms but their conception of what their interests are. Interests have been selfdefinedby governments in light of their capabilities, foreign policy priorities, and their perception of what others will do inresponse to provocative action and response.”It may be that times are a-changing, despite the skeptics in many places. Yet again, in the creation of the InternationalCriminal Court, through the Rome Statute, we find the forces of delay and obstruction at work. The current status of theICC’s support by way of the treaty’s ratification, however, is no longer at issue. We are informed that as of September,2004, more than half of the world has joined the ICC. The ratifiers now total 97 states, and growing. As William Pace,convenor of the Coalition for the ICC, enthused : “For a multilateral treaty to gain such acceptance in only six years is aremarkable achievement. In a world increasingly alarmed by the destructive path of unilateralism, these ratifications addgrowing momentum to international support for the ICC. We hope that more countries . . . will join the majority of the worldthat has come to realize the need for a real system of global justice in the 21st century.”Since “the ICC has no police or prison to speak of,” the focus of concern for its effectiveness will be upon the cooperationof State Parties to the Rome Statute. Even monist countries (more so the dualist,) must adopt implementing legislation.They must pass laws concerning the ICC’s sitting in the territory of a State Party; the criminalization of offenses against theICC’s administration of justice; the taking of evidence; the execution of searches and seizures; the arrest and surrender ofpersons; certain immunities for ICC officials; and provisions for penalties and enforcement.Apropos, our view of enforceability of international law, in the domestic courts, has been greatly simplified by the adoptionof the incorporation principle by the Philippines. Reiterating what as early as 1935 was already provided for, the presentConstitution states that : “The Philippines renounces war as an instrument of national policy, and adopts the generallyaccepted principles of international law as part of the law of the land...”Succeeding amendments to and revisions of that Constitution have not diminished our adherence to the generally acceptedprinciples of international law. The present understanding of the above cited clause maintains that provisions of conventionsand treaties of which the Philippines is a party are of equal authoritativeness as the Acts of our legislature. Internationalconventions and treaties occupy in our constitutional regime equal prominence as domestic statues. In the early casesdecided just after World War II, customary international law was given pride of place and directly applied as binding by ourSupreme Court. Thus, in Yamashita v.s Styer, G.R.L-129, December 19, 1945, it was held by the Supreme Court of thePhilippines that war crimes were within the jurisdiction of regular civilian courts, concurrently with the jurisdiction of military--95--

tribunals, even in the absence of a local law vesting the courts with such jurisdiction, or of a domestic penal law punishingwar crimes. Later, in Kuroda vs. Jalandoni, 83 Phil. 171 (1949), it was ruled by the Supreme Court that the provisions ofthe 1949 Geneva Convention on humanitarian law, insofar as it re-states customary public international law, are applicableto the Philippines, whether or not the country has become signatory to the Convention. Commentators acclaim the Kurodaruling as the “worldwide precedent” defining the relationship between customary public international law and treaty law.Equally acclaimed, the Yamashita decision is recognized as the global precedent “for penal repression as a means ofimplementing international humanitarian law.” Dissenting views notwithstanding, the decisions reached by the Far Easterntribunals, no less than the Nuremberg tribunal, could be said to have raised the high-water mark against claims of impunityby war criminals and advanced the cause of enforceability of international law to a much higher plane.Later, in the wake of the civil rights movement, an American jurist’s version of the “eleventh commandment” capturedtersely the spirit of an era. This commandment is, “Thou shalt not ration justice.” That injunction ought to be emblazoned inthe international arena of human rights. And no better venue for it may be found than in Asia and Africa where the strugglerages against famine, hunger, and malnutrition in a large scale. In both continents, food is literally rationed to hungry millions.But is there a right to food? “In the area of international law dealing with human rights,” according to an expert on thesubject (Alston) the right to food is equally firmly entrenched as a basic norm. Whether on the basis of treaty obligations,or customary international principles, or of established practice, all states in the international community have recognizedthe existence of the right to adequate food.”Yet, the foregoing positive observation is frankly disputed by other experts. According to Bard: “Not only does no right tofood exist, but it is unlikely that one can be established. That is, both poor and wealthy nations are unlikely to subjectthemselves to law-based claims of their own citizens or foreign governments pertaining to access to food. The reluctance ofwealthy nations to accept any formal economic or welfare obligations to the poor not only is well established by conduct,but is inherent in the existing international political order.”As to poor countries themselves, this commentator has trenchantly observed: “Poor countries have long been trying topersuade or coerce the rich to make formal commitments to share the rich nations’ advantages, most recently in thecampaign for the New International Economic Order. Western nations have resisted such efforts, and they will continue toresist....“Economically developed countries would not be alone in their resistance to the establishment of a right to food. Thirdworld might be happy to impose legal requirements on other nations towards themselves, but they will strongly resist anylegal norms that obligate them to themselves.”Although the foregoing debate might appear academic, its resolution is far from moot. As a third expert, Van Hoof,observed: “It needs no explaining that it would be ideal to have a formally binding instrument detailing obligations for Statesconcerning the right to food... However, for anyone with a cursory knowledge of international relations, it is equally evidentthat such an ideal situation is far from easy to attain, to say the least.”Luckily for many victims of calamities, natural and man-made, and for governmental and non-governmental organizationsdealing with food assistance to stricken countries, the lack of hard law on the matter of the right to food now would not anddid not hamper their continuing humanitarian pursuit. Whether our experience with the struggle to establish basic normssuch as the right to food, and to create new tribunals to punish crimes against the peace, would yield lasting positive resultthrough international law and appropriate institutions remains to be seen. There is an ongoing campaign for support of thenew tribunal (the ICC) in order “to bring to justice those who commit the most serious violations of international humanitarianlaw” (i.e. crimes against humanity, war crimes, genocide, and aggression). The end of hunger, malnutrition and faminehas yet to be seen in actuality by our people. Restoration of peace in many countries in Asia, Africa and the Middle Eastremains but a dream. But there is great hope, based on responses of non-governmental organizations and civil society, thatthe call to end the culture of impunity among wrongdoers, as well the cry for equitable distribution of food and otherresources for all, will be heard loud and clear. Perhaps by these examples we can demonstrate the thesis that enforceableinternational law is an idea whose time must come, very soon. And people everywhere will not brook further delay.--96--