World Constitutionalism

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Abstract:

In this age of mission statement, concept building, brand marketing and designing it is surprising that little attention is paid to the problem of world order. The scientific study of world order in academic circles is put on the back burner. It is time that the present world residents give a serious thought to designing world order models and develop suitable curricula from primary to higher stages of learning. The present world owes this duty to the future generations. If world order were a marketable commodity, it would develop at fast strides. However, it is time for markets to realize that they need a just world order to prevent chaos. Accelerating market reforms without keeping in mind the fundamentals of world order may spell doom. Several world powers in course of history committed the same mistake. In their urge for market expansionism, these powers created an artificial economic order without reference to justice and fairness to all the players in the game and that order finally crumbled leaving behind chaos.

Here is a list of some tentative objectives for designing a World Order. They are:

• To enunciate a vision and mission statement for World Order

• To make the world a better and safer place to live in.

• To identify essential values that are needed to be fostered for the survival and growth of mankind.

• To identify concepts that at present exist and hinder the New World Order and concepts that are required for its growth in the future.

• To provide principles for international relationships between Nations in a New World Order.

• To provide orientation to National Governments to shape their policies.

• To provide criteria to be used in the administration of justice to the municipal courts within national framework, as well as for other international adjudicatory bodies.

• To provide criteria for National Governments, mass media and the Peoples of the World for evaluation of international issues.

• To motivate and foster public opinion at national as well as at international level which will favour the growth of New World Order.

Many of the jurists in post 1945 era picked on the tunes of minimum binding International Law applicable to all nations. This especially developed in the area of Criminal Justice. The Nuremberg trials raised hopes that permanent structures and institutions would arise from the consequences of the trial. The accused could be denied the protection and shelter of ones' own national sovereignty. However, history did not choose to travel the path of minimum binding international law. The trials set a trend to a limited and selective application of that rule, sometimes arbitrary used by powerful nations. Unfortunately, till date a satisfactory system has not emerged after the Nuremberg experience.

Document Type: Research Article

DOI: http://dx.doi.org/10.5848/CSP.0910.00001

Publication date: January 1, 2007

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  • World Constitutionalism
    In World Constitutionalism, over two dozen scholars, academicians, administrators, and leaders of civil society have come together to pen their innovative ideas. It is an attempt to carry their vision over national barriers through the realms of Human Rights, Environmental Law, Feminist Justice and Global Democracy. World Constitutionalism endeavours to foster scientific study of world governance as a multi disciplinary subject with an added flavour of law to give it special sanctity in the minds of the Peoples of the World. The book is an addition to the growing movement for World Unity that presently reechoes round the globe.
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