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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--
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