Chapter 3.3.

Chapter 3: System of Environmental Law

3.3. Basic principles of the World Global Environmental Law

As we saw in the previous section, the fundamental principle of the World Global Environmental Law (Treaty) is "sustainable coexistence." Based on this fundamental principle, the primary objective of the World Global Environmental Law is the conservation (including restoration) of biodiversity. At the same time, this also constitutes the first basic principle of the Law.

In this case, " variety of life" in biodiversity includes human beings. Therefore, the conservation of biodiversity is not limited to the protection of non-human plants and animals, but aims to protect all species, including humans.

The second basic principle is the conservation of natural resources, especially water. Needless to say, water is an indispensable resource for all living things, and the abundance of water resources is the main reason why the earth has enabled the coexistence of diverse living things.

Sustainability-oriented communism allows for the communal and transnational management of natural resources, including water, but its legal basis is placed in environmental law before economic law. This is precisely why it is called a "sustainable planned economy.

The third basic principle is the prevention of anthropogenic climate change. This is currently being addressed as an international priority under the name of "global warming countermeasures," but since the capitalist system cannot legally constrain the activities of capital, the source of global warming, there is no prospect of reaching a definitive agreement internationally or domestically, and it will always remain a microcosm of lukewarm consensus. Anthropogenic climate action will be effective only in a communist system with a sustainable planned economy.

These are the three basic principles of World Global Environmental Law. While these three principles are objective principles, the principle of prudence is stated as an instrumental principle to achieve these three principles. The principle of prudence is the principle that environmentally hazardous actions must be avoided even if their environmental hazards are not scientifically proven, unless they are clearly based on unscientific grounds. 

A similar principle is the precautionary principle, which requires actions to prevent the occurrence of environmentally harmful events that are scientifically predicted to a certain extent, although not 100%, whereas the principle of prudence goes further than this, requiring the selection of precautions to avoid even theoretically possible harmful environmental events.

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

Chapter 3.2.

Chapter 3: System of Environmental Law

3.2. Fundamental Philosophy of the World Global Environmental Law 

The unifying source of law for communist environmental law is the World Global Environmental Law. This is one of the world laws enacted by the World Commonwealth, which is a law comparable to the current United Nations Convention.

The World Global Environmental Law sets forth the key environmental principles that form the basis of the environmental codes enacted by each of the Zones. The foundation of this law is the idea of the right to coexistence. The right to coexistence means the right to the coexistence of diverse living organisms, including human beings.

In this sense, it can be paraphrased as the right to coexist with life. It is not an ethic from a religious perspective, such as the precept of killing in Buddhism, but a rationale guiding the preservation of the global environment as a place for the survival of diverse organisms, including humankind.

In other words, it is the preservation of the global environment for the coexistence of all living things. From this point of view, the term "sustainable development," which has become a key word in environmental preservation, is replaced by "sustainable coexistence."

"Sustainable development" is a slogan that implies the idea of balancing environmental sustainability and capitalist economic development. It is an eclectic philosophy that seeks to preserve the environment within the framework of a capitalist economy, and while it may have historical significance as a principle that corrects the development-oriented capitalism that leads to environmental destruction, it is clear from the composition of the term that its main focus is on "development."

herefore, environmental conservation measures that essentially hinder development, especially fundamental policies that shake the foundations of the capitalist economy, are avoided or denied, and environmental conservation measures must always remain half-baked and only haphazard measures. At the same time, there is no hiding the attempt to lure environmental conservation into a for-profit business.

The World Global Environmental Law will make a radical break with this "green capitalist" philosophy and revolutionize the fundamental principle of environmental law to guarantee the sustainability of the survival of a wide variety of living organisms.

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

Chapter 3.1.

Chapter 3: System of Environmental Law

3.1. Positioning of Environmental Law

In the system of communist law, environmental law is second in importance only to the Charter of the Commons' Convention. Environmental law is the basis for laws and regulations aimed at maintaining an ecologically sustainable global environment.

The reason why environmental law is so important in communist law is that the ultimate significance of modern communism precisely lies in the preservation of the global environment. In other words, planned production activities and a democratic political system that truly takes into consideration the preservation of the global environment is the ideal form of communism for the modern age, and environmental law is the legal system that lies at the heart of communism.

The legal category of environmental law itself has already appeared in capitalist societies. However, environmental law there is usually treated as the law on which the government implements its environmental policies, and is classified as administrative law in the broad sense of the term. Therefore, its content is unstable and subject to change according to the administrative policies of the government from time to time.

Moreover, except in some environmentally advanced countries, environmental laws are not compiled into a unified code, but are merely a patchwork of multiple laws. This is because environmental laws in capitalism are merely supplemental laws enacted on a case-by-case policy basis to the extent that they do not unduly restrict the activities of capital.

In contrast, environmental law in communist law is a unified legal code that is formulated in each Zone in accordance with the global environmental law (treaty) at the World Commonwealth level as a unified source of law. Its position is not just a part of administrative law, but also constitutes a unique legal system in its own right: environmental law.

Communist environmental law is not a supplementary law, but a basic law that underlies and constrains all other general legal systems, and in that respect it is a part of the basic law, second only to the Charter. This is supported by the fact that maintaining a sustainable global environment is not just a policy, but also a pillar of universal human rights in the Charter of the World Commonwealth.

The fundamental legal source of these environmental laws is the Global Environmental Law mentioned earlier, but but the principle content included therein will be submitted to the next article. 

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

Chapter 2.6.

Chapter 2: Charter of the Commons' Convention

2.6. Interpretation and application of the Charter

The Charter of the Commons' Convention is the supreme law which, as a single statute, is scheduled for judicial execution. In this respect, there is some overlap with national constitutions, but this differs from national constitutions, which tend to be passive in their judicial enforcement, whether through a special trial system such as the Constitutional Court or through case-by-case application by the judicial courts.

The judicial enforcement system of the Charter of the Commons' Convention is first constructed on the basis of the level of each Zone. In other words, the Charter Committee, one of the standing committees in the Commons' Convention, also functions as a judicial body for the Charter. In this respect, it is similar to the Constitutional Court, which specializes in constitutional litigation, but the ordinary judiciary may also apply the Charter in specific cases.

The Charter Committee also serves as routine charter inspectors, as it can hear and rule on whether the activities of public bodies violate the Charter upon the filing of a complaint by a delegate to the Commons' Convention.

If a citizen wishes to complain of a violation of the Charter, he or she must first appeal to the the Charter Committee at the Zonal level, and if that does not bring about the desired resolution, he or she may appeal to the judicial organs of the World Commonwealth. 

There are two main lines of judicial organs at the level of the World Commonwealth: the Charter Council, which is a body that reviews constitutional violations, and the Board of Human Rights Review and Enforcement, which specializes in human rights remedies.

The Charter Council has the final authority to hear and decide whether the laws and regulations of the Zone are in violation of the Charter of the World Communities. the Board of Human Rights Review and Enforcement, on the other hand, has the final authority to hear and decide whether specific acts of human rights violations against individuals or groups violate the Charter.

In either case, a requirement for filing a lawsuit is that all judicial means within the Zone have been exhausted, so that an appeal to a judicial body at the level of the World Community is positioned as the final and last resort as a judicial enforcement regime of the Charter of the Commons' Convention.

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

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.

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.