Download the Speeches of all Hon'ble Chief Justices & Judges in ...

More documents

Recommendations

Info

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--
Page 1 and 2:
SPEECHESbyHON'BLE CHIEF JUSTICES, J
Page 3 and 4:
Participants of the Conference bein
Page 5 and 6:
Dr S.C. Rai, Mayor of Lucknow withM
Page 7 and 8:
5th International Conference of Chi
Page 9 and 10:
Mr. Gandhi presenting Memento of th
Page 11 and 12:
Page 13 and 14:
Page 15 and 16:
gone wrong with him that he was thi
Page 17 and 18:
Page 19 and 20:
5 th International Conference of Ch
Page 21 and 22:
Hon’ble Mr Justice Leonard EzraUn
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30: 5th International Conference of Chi
Page 35 and 36: 5 th International Conference of Ch
Page 39 and 40: a part of society by being given go
Page 41 and 42: As we have advanced that the US did
Page 43 and 44: Hon’ble Mr Justice A.K. Mathur, J
Page 47 and 48: Hon’ble Dr. Justice Armando Berme
Page 49 and 50: Hon’ble Madam Justice Sophia Akuf
Page 53 and 54: world’s problems can no longer be
Page 55 and 56: Hon’ble Mr Justice K. P. Matadeen
Page 65 and 66: coherent international system of le
Page 69 and 70: Some arrangements directed to impro
Page 73 and 74: the Constitution establishes (÷ II
Page 75 and 76: Hon’ble Mr Justice Arsene K Capo-
Page 79: Hon’ble Mr Abdullah Bin MohamedAl
Page 85 and 86: 4. China has 450nuclear bombs with
Page 87 and 88: significant for the purpose of inte
Page 89 and 90: edressal of their grievances. There
Page 91 and 92: egarded as an idea, but without the
Page 95 and 96: of the UN University said, security
show all

Download the Speeches of all Hon'ble Chief Justices & Judges in ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?