Chapter 2.3.

Chapter 2: Charter of the Commons' Convention

2.3. Contents of the Charter of the Commons' Convention -Part1-

The Charter of the Commons' Convention, while having the World Commonwealth Charter as its ultimate source of law, has a unified legal structure encompassing the Zonal charters and the charters of the Quasi-Zones and local areas within each Zone, so that its specific contents will also be unified as a whole.

The ultimate source of law, the World Commonwealth Charter, is a global "constitution" that incorporates universal charter principles. The first basis of the Charter is "commons' sovereignty". Commons' sovereignty is the ultimate political principle that the commons are the governor of society, and it is the foundation of the governing structure based on the Commons' Convention.

Based on this principle, the global minimum institutional outline for the Commons' Convention, which should be common to all the zones that comprise the World Commonwealth , will be laid down in the "Covenant on the Commons' Convention," which is annexed to the the World Commonwealth Charter.

Next is "permanent peace." This is not merely a spiritual principle, but a principle that totally prohibits the right of the Zones that comprise the World Commonwealth to possess armaments and to manufacture and deploy weapons, and is the basis for the Arms Abolition Treaty. However, it does allow for the joint possession of a minimum level of joint forces for peacekeeping and the equipment necessary for their operation, and assures a principled provision on the operation of such forces.

The third is "universal human rights." This will be the culmination of the international human rights norms that have already been collected in the two international human rights covenants (the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights), but unlike the present human rights covenants, which are separate from the UN Charter, the new covenant on universal human rights shall be consolidated and integrated into the World Commonwealth Charter. In terms of content, however, it will evolve to conform to the nature of communist society. 　

Since the World Commonwealth Charter is the fundamental law of the world, it will have a relatively simple structure, focusing on provisions of principle, and world law in the nature of a treaty will be enacted separately to embody its contents. Various world laws that specify the details of the governing structure of the World Commonwealth itself will also be enacted separately.

By the way, the enactment and amendment of the Charter are carried out by the World Commons' Convention, which has the status of the General Assembly of the World Commonwealth, and the requirement for voting is the presence of four-fifths of the delegates and the approval of two-thirds of them.

This procedure for amendment is not so much for reasons of principle as for technical and practical reasons, such as the virtual impossibility of a direct vote on the amendment of the Charter on a world-wide scale. In exchange, the voting requirements shall be as strict as described above.

👉The papers published on this blog are meant to expand upon my On Communism.

Chapter 2.2.

Chapter 2: Charter of the Commons' Convention

2.2. Unified Structure of the Charter

The significant difference between the Charter of the Commons’ Convention, which is the highest law in a communist society, and the constitution, which is the basic law of the nation, is that instead of each country having its own constitution, and mutually excluding each other from the source of law as "foreign law," the whole world have a unified source of law, the Charter of the World Commonwealth (hereinafter referred to as the World Charter). 

This World Charter is the "Constitution of the Earth," so to speak, equivalent to the Charter of the United Nations (UN Charter) in the current system. However, the UN Charter binds only the member states of the UN, and is not of the nature that it naturally supersedes national constitutions, but is of a negative nature in that it is only a treaty that establishes the rules of operation of the UN, an alliance of sovereign states.

On the other hand, the World Charter is literally the highest law for the entire planet, and is applied to all Zones that make up the World Commowealth. Each Zone enacts its own charter of the Commons’ Convention using the World Charter as its source of law. Conversely, the charters of each Zone are constrained by the fact that they cannot violate the World Charter.

In this way, the World Charter and the Zonal charters have a unified structure in which they are interconnected, with the World Charter as the fundamental source of law. However, the relationship between the World Charter and the Zonal charters is not a hierarchical relationship, but rather an inclusive relationship in which the World Charter subsumes the Zonal charters as its divisional laws. Furthermore, the charter of one Zone does not directly apply to other Zones.

Similarly, Zonelets (equivalent to a state in a federal country) and local areas within a Zone can also enact their own Commons’ Convention charter using the Zonal charter as the source of law.

Among these, the Zonelet is a governing body that constitutes a federal Zone similar to the current federal state, and has extensive autonomy, so it is natural for it to have its own charter. In contrast, the fact that local areas in a unitary Zone also have their own charters is a characteristic of communist societies where local autonomy is deepening.

Thus, Charter of the Commons’ Convention has a unified legal structure that includes the Charters of Zones and Zonelets and local areas, while having the World Charter as the ultimate source of law, and is applied in an organic and interrelated manner, so that the formal distinction between domestic law, which is delimited in its application by national borders, and international law, which applies across borders, is not simply valid.  

👉The papers published on this blog are meant to expand upon my On Communism.