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Our Common Oceans and Seas

In Being a World Citizen, Environmental protection, Human Development, International Justice, The Search for Peace, United Nations, World Law on April 24, 2017 at 9:18 AM

OUR COMMON OCEANS AND SEAS
By René Wadlow

“The people of the earth having agreed that the advancement of man in spiritual excellence and physical welfare is the common goal of mankind … therefore the age of nations must end, and the era of humanity begin.”
Preamble to the Preliminary Draft of a World Constitution

The United Nations (UN) is currently preparing a world conference June 5-7, 2017 devoted to the Implementation of Sustainable Development Goal N° 14: Conserve and sustainable use the oceans, seas and marine resources for sustainable development. Nongovernmental Organizations in consultative status with the UN are invited to submit recommendations for the governmental working group which is meeting April 24-27 in New York.

The Association of World Citizens (AWC) has long been concerned with the Law of the Sea and had been active during the 10-year negotiations on the law of the sea during the 1970s, the meetings being held one month a year, alternatively in New York and Geneva. The World Citizen position for the law of the sea was largely based on a three-point framework:
a) that the oceans and seas were the common heritage of humanity and should be seen as a living symbol of the unity of humanity;
b) that ocean management should be regulated by world law created as in as democratic manner as possible;
c) that the wealth of the oceans, considered as the common heritage of mankind should contain mechanisms of global redistribution, especially for the development of the poorest, a step toward a more just economic order, on land as well as at sea.

The concept of the oceans as the common heritage of humanity had been introduced into the UN awareness by a moving speech in the UN General Assembly by Arvid Pardo, Ambassador of Malta in November 1967. Under traditional international sea law, the resources of the oceans, except those within a narrow territorial sea near the coast line were regarded as “no one’s property” or more positively as “common property.” The “no one’s property” opened the door to the exploitation of resources by the most powerful and the most technologically advanced States. The “common heritage” concept was put forward as a way of saying that “humanity” – at least as represented by the States in the UN – should have some say as to the way the resources of the oceans and seas should be managed. Thus began the 1970s Law of the Seas negotiations.

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Ambassador Arvid Pardo

Perhaps with or without the knowledge of Neptune, lord of the seas, the Maltese voted to change the political party in power just as the sea negotiations began. Arvid Pardo was replaced as Ambassador to the UN by a man who had neither the vision nor the diplomatic skills of Pardo. Thus, during the 10 years of negotiations the “common heritage” flame was carried by world citizens, in large part by Elisabeth Mann Borgese with whom I worked closely during the Geneva sessions of the negotiations.

Elisabeth Mann Borgese (1918-2002) whose birth anniversary we mark on 24 April, was a strong-willed woman. She had to come out from under the shadow of both her father, Thomas Mann, the German writer and Nobel laureate for Literature, and her husband Giuseppe Antonio Borgese (1882-1952), Italian literary critic and political analyst. From 1938, Thomas Mann lived in Princeton, New Jersey and gave occasional lectures at Princeton University. Thomas Mann, whose novel The Magic Mountain was one of the monuments of world literature between the two World Wars, always felt that he represented the best of German culture against the uncultured mass of the Nazis. He took himself and his role very seriously, and his family existed basically to facilitate his thinking and writing.

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Elisabeth Mann Borgese

G. A. Borgese had a regular professor’s post at the University of Chicago but often lectured at other universities on the evils of Mussolini. Borgese, who had been a leading literary critic and university professor in Milan, left Italy for the United States in 1931 when Mussolini announced that an oath of allegiance to the Fascist State would be required of all Italian professors. For Borgese, with a vast culture including the classic Greeks, the Renaissance Italians, and the 19th century nationalist writers, Mussolini was an evil caricature which too few Americans recognized as a destructive force in his own right and not just as the fifth wheel of Hitler’s armed car.

G. A. Borgese met Elisabeth Mann on a lecture tour at Princeton, and despite being close to Thomas Mann in age, the couple married very quickly shortly after meeting. Elisabeth moved to the University of Chicago and was soon caught up in Borgese’s efforts to help the transition from the Age of Nations to the Age of Humanity. For Borgese, the world was in a watershed period. The Age of Nations − with its nationalism which could be a liberating force in the 19th century as with the unification of Italy − had come to a close with the First World War. The war clearly showed that nationalism was from then on only the symbol of death. However, the Age of Humanity, which was the next step in human evolution, had not yet come into being, in part because too many people were still caught in the shadow play of the Age of Nations.

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Giuseppe Antonio Borgese

Since University of Chicago scientists had played an important role in the coming of the Atomic Age, G. A. Borgese and Richard McKeon, Dean of the University felt that the University should take a major role in drafting a world constitution for the Atomic Age. Thus the Committee to Frame a World Constitution, an interdisciplinary committee under the leadership of Robert Hutchins, head of the University of Chicago, was created in 1946. To re-capture the hopes and fears of the 1946-1948 period when the World Constitutions was being written, it is useful to read the book written by one of the members of the drafting team: Rexford Tugwell, A Chronicle of Jeopardy (University of Chicago Press, 1955). The book is Rex Tugwell’s reflections on the years 1946-1954 written each year in August to mark the A-bombing of Hiroshima

Elisabeth had become the secretary of the Committee and the editor of its journal Common Cause. The last issue of Common Cause was in June 1951. G. A. Borgese published a commentary on the Constitution, dealing especially with his ideas on the nature of justice. It was the last thing he wrote, and the book was published shortly after his death: G. A. Borgese, Foundations of the World Republic (University of Chicago Press, 1953). In 1950, the Korean War started. Hope for a radical transformation of the UN faded. Borgese and his wife went to live in Florence, where weary and disappointed, he died in 1952.

The drafters of the World Constitution went on to other tasks. Robert Hutchins left the University of Chicago to head a “think tank”- Center for the Study of Democratic Institutions – taking some of the drafters, including Elisabeth, with him. She edited a booklet on the Preliminary Draft with a useful introduction A Constitution for the World (1965) However, much of the energy of the Center went into the protection of freedom of thought and expression in the USA, at the time under attack by the primitive anti-communism of then Senator Joe McCarthy.

In the mid-1950s, from world federalists and world citizens came various proposals for UN control of areas not under national control: UN control of the High Seas and the Waterways, especially after the 1956 Suez Canal conflict, and of Outer Space. A good overview of these proposals is contained in James A. Joyce, Revolution on East River (New York: Ablard-Schuman, 1956).

After the 1967 proposal of Arvid Pardo, Elisabeth Mann Borgese turned her attention and energy to the law of the sea. As the UN Law of the Sea Conference continued through the 1970s, Elisabeth was active in seminars and conferences with the delegates, presenting ideas, showing that a strong treaty on the law of the sea would be a big step forward for humanity. Many of the issues raised during the negotiations leading to the Convention, especially the concept of the Exclusive Economic Zone, actively battled by Elisabeth but actively championed by Ambassador Alan Beesley of Canada, are with us today in the China seas tensions. While the resulting Convention of the Law of the Sea has not revolutionized world politics – as some of us hoped in the early 1970s – the Convention is an important building block in the development of world law. We are grateful for the values and the energy that Elisabeth Mann Borgese embodied and we are still pushing for the concept of the common heritage of humanity.

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Prof. René Wadlow is President of the Association of World Citizens.

Day of Mother Earth – April 22

In Human Rights, Human Development, The Search for Peace, Poetry, Environmental protection, United Nations, World Law, Being a World Citizen on April 22, 2017 at 9:25 AM

DAY OF MOTHER EARTH – APRIL 22

By René Wadlow

The United Nations (UN) General Assembly in 2009 through resolution A/RES/63/278, under the leadership of the Plurinational State of Bolivia, designated April 22 as the International Mother Earth Day. The Day recognizes a collective responsibility, set out in the 1992 Rio Declaration, to promote harmony with Nature so as to achieve a just balance among economic, social and ecological needs of the present and future generations.

In traditional Indian culture, according to texts as early as the Vedas, the Earth is home to all living species that inhabit it and must not be excluded as they all contribute to the planet’s welfare and preservation. Therefore, human beings must contribute to the web of life of which they are a part and find ways of using the elements to produce food without damaging other life forms as far as possible.

World Citizens stress that Earth is our common home and that we must protect it together. Loss of biodiversity, desertification, and soil loss – all are signs that there must be renewed efforts to develop socio-economic patterns that are in harmony with Nature.

World Citizens highlight that the protection of Mother Earth is a task in which each of us must participate. However, there have always been traditions that stressed that a more enlightened group of humans would come to show the way. One tradition was among the Natives of North America. The more enlightened were thought of as “The Rainbow Warriors” – the warrior being one who protects rather than one who goes abroad to attack others. Nicola Beechsquirrel recalls this tradition in her poem, a tribute to Mother Earth.

 

The Rainbow Warriors

Nicola Beechsquirrel

Come, all who ever loved our Earth

Who lived in peace amongst her creatures

Gentle, loving, caring folk

With healing hands, and wisdom in your souls.

Come, incarnate once more

Come to Earth in her greatest need.

Help us rid her of her burdens

Cleanse her of all poisons

Close up the deep sores on her sacred body

And cover it once more in soft green.

Walk amongst us again

That we may relearn ancient skills

And long-forgotten wisdom

And tread lightly upon our Mother Earth

Taking from her only what we need

Living her ways in love and joy

Treating her creatures as equals.

Teach us how to reach those who exploit her

How to open their souls to the beauty of Life

That they may destroy no longer.

Come to us, Rainbow Warriors

Share with us your wisdom

For we have great need of it.

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Prof. René Wadlow is President of the Association of World Citizens.

Syria: Chemical Weapon Use, Destruction of Children, The Ethical Vacuum

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Refugees, The Search for Peace, United Nations, War Crimes, World Law on April 12, 2017 at 12:22 PM

SYRIA: CHEMICAL WEAPON USE, DESTRUCTION OF CHILDREN, THE ETHICAL VACUUM

By René Wadlow

The defense of those using their conscience to uphold humanitarian international law.

The Association of World Citizens (AWC) calls for the re-affirmation of humanitarian international law. It is a call to the soldiers and militia members in armed conflicts to refuse orders to violate humanitarian international law by refusing to use weapons outlawed by international treaties such as chemical weapons, landmines, cluster munitions or any weapon to attack civilians, especially children and women. We must defend all who use their individual conscience to refuse to follow orders to violate humanitarian international law.

“At the heart of this growing phenomenon of mass violence and social disintegration is a crisis of values. Perhaps the most fundamental loss a society can suffer is the collapse of its own value system. Many societies exposed to protracted conflicts have seen their community values radically undermined if not shattered altogether. This has given rise to an ethical vacuum, a setting in which international standards are ignored with impunity and where local value systems have lost their sway.”

-Olara Otunnu, then Special Representative of the United Nations (UN) Secretary-General for Children and Armed Conflict, Report to UN General Assembly, 1998.

The attack on Khan Sheikhoon in Idlib Province of Syria on April 4, 2017 raises at least two essential issues concerning humanitarian international law and the protection of children in times of armed conflict.

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A major issue is the use of chemical weapons, probably sarin or a sarin-like substance in violation of the 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare of which Syria was a party, among the 135 governments which have signed. The attack was also a violation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction which came into force in 1997. The Convention created The Hague-based Organization for the Prohibition of Chemical Weapons (OPCW). Syria signed the Convention in 2013 as part of a compromise decision to have its chemical-weapon stock destroyed.

The use of poison gas strikes deep, partly subconscious, reactions not provoked in the same way as seeing someone shot by a machine gun. The classic Greeks and Romans had a prohibition against the use of poison in war, especially poisoning water well because everyone needs to drink. Likewise poison gas is abhorred because everyone needs to breath to live.

There is a real danger that the Geneva Protocol of 1925, one of the oldest norms of humanitarian international law will be undermined and the use of chemical weapons “normalized”. The Organization for the Prohibition of Chemical Weapons is already investigating the use of chemical weapons in seven other locations in Syria.

Chemical weapons have been used in armed conflicts in the Middle East before. Although Egypt had signed the 1925 Geneva Protocol, Egyptian forces used chemical weapons widely in their support of the republican forces in the Yemen Civil War (1962-1967) with very few international outcries. As a result of the lack of any sanctions against Egypt, Syria requested Egyptian technical assistance in developing its own chemical weapons capabilities shortly after 1967 – well before the al-Assad dynasty came to power.

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Humanitarian international law is largely based on self-imposed restraints. Although the International Criminal Court has a mandate to try crimes of war and crimes against humanity, its impact on the way armed conflicts are currently carried out is small. Thus, restraints need to rest on the refusal of soldiers and militia members to carry out actions that they know to be against both humanitarian international law and the local value system. This is especially true of the non-harming of children in times of armed conflict.

Humanitarian international law creates an obligation to maintain the protection of all non-combatants caught in the midst of violent conflicts as set out in the Geneva Conventions of 1949 and their Additional Protocols of 1977. Moreover, there is an urgent need to focus special attention on the plight of children. They are the least responsible for the conflict and yet are most vulnerable. They need special protection. The norms to protect children in armed conflicts are set out clearly in the Additional Protocols which has 25 articles specifically pertaining to children. The norms are also clearly stated in the Convention on the Rights of the Child, the most universally ratified international treaty. The Convention calls for the protection of the child’s right to life, education, health, and other fundamental needs. These provisions apply equally in times of armed conflict and in times of peace.

As with the use of weapons prohibited by international treaty: chemical weapons, land mines, cluster munitions, the protection of children must be embodied in local values and practice. The classic Chinese philosopher Mencius, in maintaining that human were basically good, used the example of a child about to fall into a well who would be saved by anyone regardless of status or education.

The AWC has called for a UN-led conference on the re-affirmation of humanitarian, international law. There needs to be a world-wide effort on the part of governments and non-governmental organizations to re-affirm humanitarian values and the international treaties which make them governmental obligations. Such a conference would bring together into a coherent synthesis the four avenues of humanitarian international law:

1) The Geneva Conventions – Red Cross-mandated treaties;

2) The Hague Convention tradition dealing with prohibited weapons, highlighting recent treaties such as those on land mines and cluster munitions;

3) Human rights conventions and standards, valid at all time but especially violated in times of armed conflicts;

4) The protection of sites and monuments which have been designated by UNESCO as part of the cultural heritage of humanity, highlighting the August 2016 decision of the International Criminal Court on the destruction of Sufi shrines in northern Mali.

There is also a need to use whatever avenues of communication we have to stress to those living in Syria-Iraq-ISIS-Kurd-majority areas-and Turkey that they have a moral duty to disobey orders that violate humanitarian international law. We on the outside must do all we can to protect those who so act humanely in accord with their conscience.

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Prof. René Wadlow is President of the Association of World Citizens.

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