Chapter 3.5.

Chapter 3: System of Environmental Law

3.5. Enforcement of Environmental Laws

When it comes to the enforcement of environmental laws, a distinction is first made between those at the World Commonwealth level and those at the World Commonwealth constituent Zonal level.

The law enforcement system at the World Commonwealth level refers to the supervision of environmental law enforcement at the Zonal level by the World Environment Program, a World Commonwealth agency.

The World Environment Programme is a subordinate organ of the Sustainability Council, one of the main organs of the World Commonwealth, and is the organ that plans and implements environmental policies at the global level. It periodically reviews the enforcement of environmental laws in each Zone and has the authority to issue recommendations or stronger warnings as necessary.

If a Zone does not comply with the warnings, it will dispatch an environmental inspection team and conduct a compulsory investigation. If the inspection reveals any problems, the World Environment Programme will issue a new, binding corrective order, and if a Zone is not followed, it can recommend to the World Commonwealth  General Assembly that the Zone be suspended from membership in the World Commonwealth. 

On the other hand, enforcement at the Zonal level is directly handled by the the Commons' Convention, which is the representative body of the people in a communist society without the governmental structures that exist today, as is the case with other laws in environmental laws.

Here, the core of the environmental law enforcement body is the Sustainability Committee, which is also one of the standing committees of the Commons' Convention. This committee is the center of environmental policy making and legislation, and at the same time, it is the presiding body of environmental laws, which is established in each of the Zonal and its local Commons' Conventions and is responsible for everything from environmental impact assessment to the enforcement of environmental laws.

In particular, under the Sustainability Committee of the Zonal Commons' Conventions, the Environmental Inspection Offices are established in each region as the agencies responsible for on-site law enforcement. These offices are the practical agencies for the environmental impact assessments carried out by the Sustainability Committee, and at the same time, they are also environmental law enforcement agencies that uncover violations of environmental laws.

Similarly, local authorities within a unitary Zone or Zonelets constituting a federal Zone may also set up their own environmental enforcement agency under their Sustainability Committees.

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

Chapter 3.4.

Chapter 3: System of Environmental Law

3.4. Unified Environmental Code

The World Global Environmental Law (Treaty), which is the global common source of communist environmental law, requires each of the Zones that make up the World Commonwealth to enact its own environmental code. This Zonal environmental code functions as the basis for specific environmental conservation measures that are adapted to the environmental conditions of each Zone.

A Zonal environmental code is not simply a collection of individual laws, but a unified code that is enacted as a single law from the beginning. Since such a unified environmental code is a statute common to the entire Zone, it will be enacted as a federal statute that applies to in a federal Zone.

The content of the code reflects the three basic principles of the Global Environmental Law, namely, 1) conservation of biodiversity, 2) conservation of natural resources, and 3) prevention of climate change, and specifies a specific system of environmental conservation that takes into account the environmental conditions of each Zone.

This Zonal unified environmental code is not merely a conceptual law, but is the law that has the highest priority after the Charter in the Zonal legal system. It therefore provides guiding principles for economic code, civic code, counter-offenses code  (criminal code), and so on, which will be discussed in the following chapters.

Within the framework of this Zonal environmental code as a statute common to the entire Zone, local areas and the Zonelets that make up the federal Zone can not only enact their own environmental laws, but can also pioneer the enactment of their own environmental regulations that have not yet been stipulated in the Zonal code (preceding regulatory laws).

If the contents of pioneering regulatory laws in the localities where environmental conservation is taking place become widely recognized, they have the potential to be incorporated into the Zonal environmental code and become a entire Zonal legal matter, and therefore the enactment of such pioneering regulatory laws is explicitly encouraged in the Zonal environmental code as well.

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

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.