Issue:- UDHR has 2 type of application of human rights means one is to protect human rights under conflict of laws and the other one is to protect as world right level. UDHR cannot protect our rights as world citizen because of lack of recognition. This can be achieved through multilateral treaty and strict national implementation.
My Country My World: Case-Study:- Garry Davis become a world citizen or Sovereign Citizen of the World by surrendering his American citizenship when he was in France. After that he became stateless. Also he became illegal without papers and a refugee in France. He had no permission to re-enter France once out and he learnt that he cannot enter Germany. So, once he was stuck on the line between 2 countries. He was paperless which his symbol of existence to verify his non-existence was. He was a stateless person for eight years and for first five years, he found himself bouncing from jail to jail. Furthermore, he received Expulsion of Arrest which is an order to leave France in two days and on failure to do so he would be subject to imprisonment from 6 months to 3 years.
“No papers mean no identity for human brings?
Are human beings for papers or papers for human beings?!
Isn’t it contrary to human & fundamental rights?”
World Citizenship:- The question I want to raise here is, “No papers mean no identity for human brings? Isn’t it contrary to human rights or basic rights or fundamental rights? The answer is very simple that of course, this is contrary, but this needs recognition without which any law or right is enforceable. For example, marital rape is punishable under the laws of England and Wales, but there are many countries in this world that do not recognize this concept. So, recognition is the key for everything.
It is true that Public International Law (PIL) gave independence to human beings and not to the individuals directly. United Nation (UN) or PIL was created to control the period of subjugation. In this subjugation period colonization, war, slavery was not illegal. UN realized that living in this way is not normal. So UN through PIL controlled this subjugation period. They restricted one nation’s ruling over another. Universal Declaration of Human Rights (UDHR) changed the nature of PIL overtime, but again this regulates the inter-course between states mainly. European Union (EU) through European Convention of Human Rights (ECHR) is one step further advance about human rights than UN and UDHR, but that is also regulating the human rights that inter-course between the states. Both, these UDHR & ECHR are practically regulating the human rights relating conflict of laws or private international laws. For Example, the world federalist organisations took advertising space in the local papers, protesting his imprisonment. They based their protest on Article 09 of UDHR that no one shall be subject to arbitrary arrest, detention or exile and on various provisions on Dutch constitution and excerpts from statements of leaders on human rights. This is regulating the Private International law or Conflict of Laws. Passport, Visa or other papers requires protecting border of countries or international crime, but this should not punish any innocent individual like Garry Davis who only wants to recognize his world citizenship and nothing else. This will increase violence & crime in concerned society or internationally. To get success in this situation, we need national implementation. There are four types of countries that implement PIL in following four ways:
- Monism: Countries like France where international law incorporated into domestic law when the country signs the concerned treaty.
- Dualism: Countries like United Kingdom (UK) where domestic legislation requires for implementation of international law.
- No Status of PIL: Some countries treat domestic laws above than international law.
- Problematic Status of PIL: Countries like Germany or USA is coming under this provision. They are protecting their citizens through their domestic laws which sometimes override the international law.
If I consider the situation of Garry Davis, then I would say that both France and Netherlands are monist country, but still he faced trouble as world citizen because in France and Netherlands his rights were protected as American citizen. Remember that UN or PIL is controlling the subjugation period mainly because the root of war & peace is axomatic and seemed to be inherent in the nation state itself.
Garry Davis is speaking about the principle of Gesture of Renunciation which demonstrate that the nation state need not to be overthrown, if human being could show that it was possible for them to survive in the world without papers, cross frontiers without a passport, but here we need to consider why we need papers? There are four stages through which our society developed which are as following:
- Agricultural period: When people do not leave migrate and violence was restricted to their concerned society only.
- Colonization period: The subjugation period that UN & PIL controlled overtime.
- Industrial revolution period: When people started migrating in other states which lead the formation of UDHR.
- Information period: This is mainly digitalization period when people like Garry Davis want to bring the nature of UDHR or PIL or ECHR into a new stage named “World Citizenship”.
Garry Davis wanted the world as sovereign state where the authority vested in human beings as a world sovereign, it is everyone’s duty and responsibility to hereby proclaim for themselves as world government with full legal powers and prerogatives based on the three prime laws of God, one world and one mankind. Here we need to consider that why we need governments or leaders to govern any particular society? There are 5 following reasons for of this:
- Government’s job is to control the conflict and not go violent,
- Provide protection from being destroyed or enslaved by external societies,
- Provide goods & service to societies through business,
- Protect public from hidden and obscure dangers,
- Redistribute wealth in the society.
So, if everyone becomes world sovereign, then that again bring back the violence of agriculture period and this will pull back our society from information period to agriculture period. We need papers to control border crime, but we need solve that without papers human beings will have an identity before this world.
Basic Structure:- There are 2 way application of UDHR which we are getting now. Firstly, UDHR is to maintain & protect the rights of human being under conflict of laws or private international law; and Secondly, UDHR is basic structure of public international law which needs recognition, as H.L.A. Hart or Ronald Dworkin said, but what is basic structure? Basic Structure was first decided in an Indian case law named “Kesavananda Bharati v State of Kerala”. This case said that a constitutional amendment could be invalidated if it impaired the essential features means basic structure of the constitution. The Basic Structure Framework said that the expression amendment did not encompass defeating the constitution such that it lost its identity. This principle originated from the Doctrine of Prospective Overruling that USA follows. This means overruling is based on which its decision would apply only to subsequent constitutional amendments. In the case of National Westminster Bank plc v. Spectrum Plus Limited and Other the House of Lords has recognised that Prospective Overruling amounts to a judicial usurpation of the legislative function. This doctrine of Basic Structure or Doctrine of Prospective Overruling is based on natural laws. Human right laws are based on natural laws because no positive law is exhaustive to describe that. If we consider this, then world citizenship is a human right. This planet Earth should be our home. Everyone must be free to move one to another country or continent. Still it is not possible to get abroad without a passport inspection and to get off without a passport inspection.
National Implementation:- World citizenship can reduce crime a lot, mainly crime related to border, illegal immigrant which ultimately increase peace reduce poverty. This will help us to fight and protect ourselves from astrobiological and environmental threats as well. For example, if there were no intra-state violence in Cameroon of Africa, then imagine that how many brains could be able to focus on benefits of this world rather only focusing on saving their lives. To achieve this situation, we need to do following two things:
- Firstly, we need an international multinational treaty which will recognize world concept including world citizenship, world money, world passport, world government;
- Secondly, we need national implementation of this multinational treaty. So that no country can deny everyone’s equal right in this planet Earth.
If National Parliament Fails:- If national parliament fails to implement, then we need to apply the principles of basic structure that originates from natural law. What is the constitution of our world? Our world is constituted with human rights, animal rights and environmental rights. If any law is restricting this or fails to protect and maintain this, then that law is contradicting the essential features of basic structure of the constitution of our world. Maybe a renaissance can bring this, if ultimately national parliament fails to implement our basic rights because we human beings are not from any other planet. Kelsen said that Constitution is a norm and not a law. Although basic structure was identified in Indian case Kesavananda Bharati v State of Kerala through Doctrine of Prospective Overruling, this was originally developed from German that says:
- First, mere procedural limits were not sufficient safeguards against anti-constitutional forces as evil could be imposed by following the procedure.
- Second, even the said rules of procedure could be changed by such regimes. These lessons were incorporated in their new Constitution.
The new Constitution called the ‘Basic Law’ introduced substantive limits to the amending power by expressly designating certain parts that cannot be modified by the Parliament. This clause was called the ‘eternity clause’ and included the principles of federalism, democracy, rule of law, separation of powers, basic rights of people etc.
So, if national parliament fails to implement, then we need to apply the principles of basic structure that originates from natural law. If any law is restricting this or fails to protect and maintain this, then that law is contradicting the essential features of basic structure of the constitution of our world. This has been safe guarded through Principles of basic structure or Doctrine of Prospective Overruling or recognition of natural law, but require recognition through positive laws for its smooth implementation & guidance for the society concerned. We belong here in this planet Earth. This whole planet Earth should be treated as a whole country with equality. We are one race means human being. Otherwise, this Earth will live on, but human civilisation will be extinct. When crime increases for lack of recognition on the government, then states must be held liable for their action. In the execution case of King James-I it was decided that source became subject to law when promulgated. We have recognized immigration law which failed to recognize the basic human rights of world citizenship. I strongly believe that countries like UK & USA can bring this positive change through their exceotionalism power which the world requires. They know how to recognize new changes or revolutionary thinking. These countries are leader countries in the world and the world should follow them. Every leader requires some kind of reservations that are recognized under PIL. Exceptionalism is also a kind of immunity or reservation to country of leaders who want to bring positive changes worldwide by achieving greater good.
Conclusion:- UDHR is the answer about how to create this world as one state, but it requires recognition through multilateral treaty and national implementation of that treaty.
Note:- If you want to read how world citizenship can reduce crime and bring peace, please go through this link: https://www.amazon.com/dp/B08PZDMZKD/ref=sr_1_1?dchild=1&keywords=Annesha+Kar+Gupta&qid=1607495109&sr=8-1
- My Country My World by Garry Davis
- World Federation?: A Critical Analysis of Federal World Government by Ronald J. Glossop