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THE LAW OF THE REVERSAL OF TENDENCIES

by Klaus Schlichtmann

 

ART. IX / 九条

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INTERESSANTER TEXT:

Walther SCHÜCKING, The International Union of the Hague Peace Conferences

 

INDIA and the Quest for an effective UNITED NATIONS ORGANIZATION

 

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LIST OF CONSTITUTIONAL CLAUSES PROVIDING FOR LIMITATIONS OF NATIONAL SOVEREIGNTY, POOLING SECURITY SOVEREIGNTY & TRANSFERRING SOVEREIGN POWERS TO THE U.N. Security Council TO ACHIEVE COOPERATION, PEACE AND DISARMAMENT                            Deutsch                     Français                    日本語

1. ARGENTINE, Article 75, 24: The Nation: ...approve integrated treaties which delegate competencies and jurisdiction to interstate organizations concerned with reciprocal and equal conditions and which respect the democratic order and human rights. Any standards dictated pursuant thereto are to supersede laws... (Constitution of 22 August 1994) 

 2. AUSTRIA, Article 9, paragraph 2: By law or by a State Treaty which must be ratified in accordance with Article 50 (1), specific sovereign rights of the Bund [federation] can be transferred to intergovernmental institutions and their organs and the activity of organs of foreign status in Austria as well as the activity of Austrian organs abroad can be regulated within the framework of International Law. (Constitution as amended 1 July 1981) 

3. BELGIUM, Article 25 bis: The exercises of given powers may be conferred by a pact or law on institutions coming under international civil law. (Constitution of 29 September, 1971) 

4. BURUNDI, Article 172: The Republic of Burundi may create with other States international organizations of common administration, coordination and of free cooperation. The Republic may conclude accords of association or community with other states. (Constitution of 13 March 1992 - almost identical Art. 73 of the Constitution of 18 November 1981) 

5. CHECHNYA, Article 6: In its external policy, the Chechen Republic, respecting the rights and freedom of peoples, is guided by the universal principles and norms of the international law. It aims at universal and just peace based on generally accepted human values; [and] at close, businesslike and mutually beneficial cooperation with all nations.

Moving for the expansion of the international community based on the rule of law, the Chechen Republic can become a member of international organizations, systems of the collective security, [and] interstate formations. (Constitution of 12 March 1992) 

6. CONGO, Article 177, 2nd sentence: The Republic of the Congo... shall accept to create intergovernmental organizations of common administration, coordination, free cooperation and integration with other states. (Constitution of 15 March 1992 - almost identical with Art. 107 of the Constitution of 8 July 1979) 

7. COSTA RICA, Article 12: The Army as a permanent institution is abolished. There shall be the necessary police forces for surveillance and the preservation of the public order. Military forces may only be organized under a continental agreement or for the national defense; in either case, they shall always be subordinate to the civil power: they may not deliberate or make statements or representations individually or collectively.  Article 121, No. 4, paragraph 2: ... Public treaties and international conventions extending or transferring certain jurisdictional powers to a communitarian juridical order for the purpose of realizing common regional objectives shall require the approval of the Legislative Assembly by a vote of not less than two thirds of its entire membership. (Constitution of 7 November 1949, as amended on 31 May 1968) 

8. DENMARK, Article 20: Powers which according to this constitution rest with the authorities of the kingdom, can, through a bill, to a specifically defined extent, be transferred to international authorities, which are instituted by mutual agreement with other states to promote international legal order and cooperation. (Constitution of 5 June 1953) 

9. EAST TIMOR, Section 8 (International Relations): On matters of international relations, the Democratic Republic of East Timor shall govern itself by the principles of … territorial integrity and equality among States and the non-interference in domestic affairs of other States. 2. The Democratic Republic of East Timor shall establish relations of friendship and co-operation with all other peoples, aiming at the peaceful settlement of conflicts, the general, simultaneous and controlled disarmament, the establishment of a system of collective security and establishment of a new international economic order capable of ensuring peace and justice in the relations among peoples. … Section 9 (International Law): 1. The legal system of East Timor shall adopt the general and customary principles of international law. … (Constitution of 20 May 2002)

10. FRANCE, Preamble, Alinea 15: On condition of reciprocity, France accepts the limitations of sovereignty necessary for the organization and defense of peace. (Constitution of 27 October 1946, as reconfirmed in the Constitution of 4 October 1958) 

11. GERMANY, Article 24: (1) The Federation may by legislation transfer sovereign powers to international organizations. ... (2) With a view to maintaining peace the Federation may become a party to a system of collective security; in doing so it shall consent to such limitations upon its sovereign powers as will bring about and secure a peaceful and lasting order in Europe and among the nations of the world. ... (Constitution of 23 May 1949) 

12. GREECE Article 28 II.: To serve an important national interest and promote cooperation with other states authorities may be vested by a convention or agreement in agencies of an international organization. A majority of three fifth of the total number of members of Parliament shall be necessary to vote the law sanctioning the treaty or agreement. III. Greece shall freely proceed by law voted by the absolute majority of the total number of members of Parliament, to limit the exercise of national sovereignty, insofar as this is dictated by an important national interest, does not infringe upon the rights of man and the foundations of democratic government and is affected on the basis of the principles of equality and under condition of reciprocity. (Constitution of 7 June 1975) 

13. GUATEMALA, Article 149: Guatemala will regulate its relations with other states in accordance with the international principles, rules, and practices with the purpose of contributing to the maintenance of peace and freedom with respect to and in defense of human rights, the strengthening of the democratic processes and international institutions that may guarantee the mutual and equitable interests between the states. (Constitution of 31 May 1985) 

14. INDIA, Article 51: The State shall endeavor to - (a) promote international peace and security; (b) maintain just and honorable relations between nations; foster respect for international law and treaty obligations in the dealings of organizes people with one another; (d) encourage settlement of international disputes by arbitration. Article 246: ... Parliament has exclusive power to make laws with respect to... 13. Participation in international conferences, associations, and other bodies and implementing of decisions thereat. (Constitution of 1949) 

15. IRELAND, Article 29 IV, 20:  For the purpose of the exercise of any executive function of the State in or in connection with its external relations, the Government may to such extent and subject to such conditions, if any, as may be determined by law, avail or adopt any organ, instrument or method of procedure used or adopted for the like purpose by the members of any group or league of nations with which the State is or becomes associated for the purpose of international cooperation in matters of common concern. (Constitution originally of 1 July 1937

16. ITALY, Article 11: Italy renounces war as an instrument of offense to the liberty of other peoples or as a means of settlement in international disputes, and, on conditions of equality with other states, agrees to the limitations of her sovereignty necessary to an organization which will ensure peace and justice among nations, and promotes and encourages international organizations constituted for this purpose. (Constitution of 1 January 1948) 

17. JAPAN, Article 9: Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as a means for settling international disputes. - In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential will never be maintained. The right of belligerency of the state will not be recognized. (Constitution of 3 May 1947) 

18. LUXEMBOURG, Article 49 A.: The exercise of the powers reserved by the Constitution to the legislative, executive and judiciary may be temporarily vested by treaty in institutions governed by international law. (Constitution of 17 October 1968, as amended on 10 July 1973) 

19. THE NETHERLANDS, Article 90: The Government shall promote the development of the international rule of law. Article 92: ... Legislative, executive and judicial powers may be conferred on international institutions by or pursuant to a treaty... (Constitution of 17 February 1983) 

20. NORWAY, Article 93: In order to secure international peace and security, or in order to promote international law and order and cooperation between nations, the Storting may, by a three-fourth majority, consent that an international organization, of which Norway is or becomes a member, shall have the right, within a functionally limited field, to exercise powers which in accordance with this Constitution are normally vested in the Norwegian authorities, exclusive of the power to alter this Constitution. For such consent as provided above at least two-thirds of the members of the Storting - the same quorum as is required for changes in or amendments to this Constitution - shall be present and voting... (Constitution of 17 May 1814 as revised on 18 September 1905) 

21. THE PHILIPPINES, Article II, Section 3: The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, co-operation and amity with all nations. (Constitution of 1973) 

22. PORTUGAL, Article 7 II.: Portugal commends the abolition of all forms of imperialism, colonialism and aggression; general, simultaneous and controlled disarmament; the dissolution of political-military blocs and the establishment of a system of collective security, in order to create an international order capable of assuring peace and justice in relations among peoples. (Constitution of 25 April 1976) 

23. SINGAPORE, Article 7: ...nothing... shall be construed as precluding Singapore or any association, body or organization therein from ... (b) entering into a treaty, agreement, contract, pact or other arrangement with any other sovereign state or with any Federation, confederation, country or countries or any association, body or organization therein, where such treaty, agreement, contract, pact or arrangement provides for mutual or collective security or any other object or purpose whatever which is, or appears to be, beneficial or advantageous to Singapore in any way. (Constitution of 31 March 1980) 

24. SPAIN, Article 93: By means of an organic law, authorization may be established for the conclusion of treaties which attribute to an international organization or institution the exercise of competencies derived from the constitution. It is the responsibility of the Cortes Generals or the Government, depending on the cases, to guarantee compliance with these treaties and the resolutions emanating from the international or supranational organizations who have been entitled by this cession. (Constitution of 29 December 1978)   

25. SWEDEN, Chapter 10, Article 5: The right to make decisions which under the present Instrument of Government devolves o the Riksdag, on the Government, or on any other organ referred to in the Instrument of Government, may be entrusted, to a limited extent, to an international organization for peaceful cooperation of which Sweden is to become a member, or to an International Tribunal. No right to make decisions in matters regarding the enactment, amendment, or repeal of a fundamental law or [to restrict] any of the freedoms and rights referred to in Chapter 2 may thus be transferred. The Riksdag shall decide on a transfer of the right to make decisions in the manner prescribed for the fundamental laws, or, if a decision in accordance with such procedure cannot be abided, by way of a decision agreed upon by not less than five-sixth of those present and voting and by not less than three-fourths of the Riksdag members. (Constitution of 1809 as amended in 1976)

26. SWITZERLAND, Art. 2 Purpose, para 4: (The Swiss Confederation) champions lasting conservation of the natural foundations of life and a peaceful and just international order.

Art. 54, para 2: The Confederation contributes … to the relief of poverty and want in the world, to respect for human rights, and to the advancement of democracy, to a peaceful coexistence of peoples and the conservation of the natural foundations of life. (18 April 1999

27. ZAIRE (Democratic Republic of Congo, Kinshasa), Article 110: In order to promote African unity, the Republic may conclude treaties and agreements of association which involve partial abandonment of its sovereignty. (Constitution of 5 July 1990 - same as Article 108 of the Constitution of 15 February 1978)

[compiled by Klaus Schlichtmann, Ph.D., 1998/2002/2004)

 

 

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Human, All too Human

284 The means to real peace. -

No government nowadays admits that it maintains an army so as to satisfy occasional thirsts for conquest; the army is supposed to be for defence. That morality which sanctions self-protection is called upon to be its advocate. But that means to reserve morality to oneself and to accuse one‘s neighbour of immorality, since he has to be thought of as ready for aggression and conquest if our own state is obliged to take thought of means of self-defence; moreover, when our neighbour denies any thirst for aggression just as heatedly as our State does, and protests that he too maintains an army only for reasons of legitimate self-defence, our declaration of why we require an army declares our neighbour a hypocrite and cunning criminal who would be only too happy to pounce upon a harmless and unprepared victim and subdue him without a struggle. This is how all states now confront one another: they presuppose an evil disposition in their neighbour and a benevolent disposition in themselves. This presupposition, however, is a piece of inhumanity as bad as, if not worse than, a war would be; indeed, fundamentally it already constitutes an invitation to and cause of wars, because, as aforesaid, it imputes immorality to one‘s neighbour and thereby seems to provoke hostility and hostile acts on his part. The doctrine of the army as a means of self-defence must be renounced just as completely as the thirst for conquest. And perhaps there will come a great day on which a nation distinguished for wars and victories and for the highest development of military discipline and thinking, and accustomed to making the heaviest sacrifices on behalf of these things, will cry of its own free will: ,we shall shatter the sword‘ - and demolish its entire military machine down to its last foundations. To disarm while being the best armed, out of anelevation of sensibility - that is the means to real peace, which must always rest on a disposition for peace: whereas the so-called armed peace such as now parades about in every country is a disposition to fractiousness which trusts neither itself nor its neighbour and fails to lay down its arms half out of hatred, half out of fear. Better to perish than to hate and fear, and twofold better to perish than to make oneself hated and feared - this must one day become the supreme maxim of every individual state! - As is well known, our liberal representatives of the people lack the time to reflect on the nature of man: otherwise they would know that they labour in vain when they work for a ,gradual reduction of the military burden‘. On the contrary, it is only when this kind of distress is at its greatest that the only kind of god that can help here will be closest at hand.  The tree of the glory of war can be destroyed only at a single stroke, by a lightning-bolt: lightning, however, as you well know, comes out of a cloud and from on high. (R.J. Hollingdale, transl., Human, All Too Human. A Book for Free Spirits, Cambridge Texts in the History of Philosophy (1996), pp. 380-81)

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