Chapter 2.5.

Chapter 2: Charter of the Commons' Convention

2.5. Contents of the Charter of the Commons' Convention -Part3-

The Charter of the the Commons' Convention is basically a transnatioal law with the character of a treaty expressed in the form of the Charter of the World Commonwealth, but it is also secondarily expressed as a domestic charter. It is a Zonal charter. This is, so to speak, a Zonal "constitution" that applies within each Zone that makes up the World Commonwealth.

In that sense, it is a basic law that has a status comparable to the current national constitution, but the contents of national constitutions based on national sovereignty differ from country to country, and the United Nations Charter, which is the constitution of the UN, so to speak, does not have any restrictive status over the constitutions of member states. However, the Zonal charter is a branch charter that is established within the scope of the World Commonwealth Charter, and has a derivative status as a law that embodies the World Commonwealth Charter. 

Therefore, it is not possible to include contents in the Zonal constitution that violates the three principles of the World Commonwealth (commons' sovereignty, permanent peace, and universal human rights) that pointed out earlier. As a result, each Zonal charter will share common features such as a Commons' Convention system, total disarmament, and guarantees of human rights.

In this regard, the polities of each Zone that makes up the World Commonwealth will converge on a council republican system based on a Commons' Convention while sharing freedom and peace, and thus will function as a much more homogeneous community than the current UN, a collection of sovereign states with various polities ranging from monarchy to republic.

However, the Zonal Charter can include unique content as long as it does not conflict with the World Commonwealth Charter, so there is no problem in creating provisions that are more advanced than the World Commonwealth Charter. However, on the other hand, it is not permissible to include provisions that overturn the contents of the World Commonwealth.

It is also possible to adopt an doctrine that does not have a Zonal charter as an independent written law, but in this case, the World Commonwealth Charter will automatically be applied as it is as a Zonal charter, and within this scope, various basic laws, which are equivalent to a substantive charter, will be enacted.

By the way, a major feature of the system of the Charter of the Commons' Convention is that the Zonelets within a federal Zone and local autonomous entities within a Zone can also have their own charters regarding matters of authority. It goes without saying that its contents must be in line with the World Commonwealth Charter and each Zonal charter.

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

Chapter 2.4.

Chapter 2: Charter of the Commons' Convention

2.4. Contents of the Charter of the Commons' Convention -Part2-

In the previous article, I mentioned "universal human rights" as one of the three pillar principles of the World Commonwealth Charter. Here is some additional information on this principle.

I pointed out that universal human rights are the culmination of the human rights that are currently concentrated in the International Covenants on Human Rights, but there is a continuum and a disconnect between these "international human rights" and "universal human rights.

First, from the perspective of continuity, universal human rights are a collection of fundamental rights enjoyed by people in general, and are themselves legal norms that are judicially applied and enforced. In terms of such practical legal effects, they are continuous and common with international human rights.

However, the ultimate basis of universal human rights is not the theory of innate human rights that people are born free. Communist laws do not rely on natural law, natural rights, or any other transcendental or theological conception, but is  thoroughly secular, man-made laws. Therefore, the basis for universal human rights is the common human rights pact with mankind, and without participation in this pact, universal human rights will not arise.

Since the Charter of the World Commonwealth, which includes human rights provisions, also serves as a human rights treaty, universal human rights are established with the conclusion of the Charter. This means that universal human rights do not apply to individuals and groups in regions that do not participate in the World Community, but individuals and groups who individually wish to participate and take refuge within the juridiction of the World Commonwealth are entitled to universal human rights and legal protection by the World Commonwealth.

The fact that these human rights are not innate human rights but covenant human rights leads to the conclusion that social rights (droits sociaux) are systematically prior to civil liberties. Above all, the right to existence. This is because "without existence, there is no freedom." This is a natural conclusion, given that the purpose of the establishment of the World Commonwealth is the peaceful coexistence of humankind.

However, this does not mean disrespecting the civil liberties represented by freedom of expression. Social rights and civil liberties  are two inseparable wheels of universal human rights, and there is no superiority or inferiority relationship between them. It is just a logical order relationship.

Another disconnect is that universal human rights do not presuppose state sovereignty. International human rights are the product of efforts to impose human rights beyond national borders while presupposing state sovereignty, but they are therefore destined to be blocked in their application by state sovereignty. Universal human rights, which presuppose a world without states, have no such obstacles and extend universally throughout the world.

Therefore, universal human rights do not presuppose a situation of confrontation between the state and the individual. International human rights are meant to protect individuals from state power, but in a communist society, the state as a political entity does not exist in the first place, and the transition to rule through Commons' Conventions is made, so it is assumed that the situation of confrontation between the state and the individual has already been subdued.

The rule of the Commons' Convention is essentially a rule based on human rights, and it can be said that "commons' sovereignty", the first pillar principle in the World Commonwealth Charter, and "universal human rights" are two sides of the same coin. In other words, there can be no Commons' Convention that ignores human rights.

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