The Country of the United Nations – Planet Earth

Dear friends,

In the previous article I pointed out to everyone the objective and constitutional basis for a global cultural order. The regular and integral application of citizenship, peace, security and SDGs on a planetary or global scale and the UN constitutional tripod as the basis for this application.

Legitimized by the 194/6 nations of the planet, the constitutional tripod of the UN fits with the creation of the UN in 1945 as the basis of World Justice integrative of international law - exactly the set of norms on bipolar, tripolar and multipolar international consensuses, which refers to a stored body of decisions, precedents, agreements and multilateral treaties between nations, intended to integrate world justice. This set of norms was called, “INTERNATIONAL LAW” - Erroneously identified by some as Rules-Based International Law. But, what rules and in whose interests? Since it does not refer to World Justice, but rather to the dispositions of national powers among themselves and not to citizenship and the world population.

Thus, the element that allows integrating, regulating and balancing the diversity and sequential reproduction of this set of norms in the establishment of a world order of justice or for the social constructions of the next millennia on a State of Justice and law, is exactly the constitutional tripod of the UN. Not the other way around. Its Charter, Universal Declaration of Human Rights and Convention on the Rights of the Child constitute the guarantee of global justice based on national and religious sovereignty, primacy of the person and human dignity and equality of rights in their relationships. Even though the majority of states can only refer to the UN Charter, human rights or international law, forgetting and ignoring children's rights - even though the convention on these rights is ratified by all countries, except the USA,? and is seen as the instrument most accepted in the history of humanity.

The fact is that outside the constitutional tripod of the UN, International Law is at the mercy of the market, competition and actions for war, peace, business, profit, power and punishment, fragmented into pieces of law moving in contacts of conflicts of economic and of power,? in the sense contrary to the very compendium of rules and treaties that the UN negotiated, agreed and signed with the nations as a whole in a mission to integrate their diversity.

Proof of this is that none of the nations can maintain international treaties, conventions or declarations based only on rules, business, laws or market interests, competition and profit, power and government.

So, in this article I will continue talking about world cultural ordering on the UN constitutional tripod.

But, now I referring exactly to the ordering of security and cultural heritage of human and non-human beings on the planet, exposing as an axis of the field scenario the issue of the ordering of world heritage and security presented in the United Nations Convention on the Law of the Sea.

Thank you all for your attention.

The Ordering World Heritage and Security

In the last 23 years, 2000/ 2023, UN, NGOs, Religious Groups and heads of religious or educational-cultural states such as Pope Francis, the Grand Imam of Al-Azhar Ahmed Al-Tayyib, Mr Jagdish Gaandhi Teachers Bharti Gandhi, Goeta Gandhi Kingdon, Mr Ratan Chandra Gupta and Mr Shishir Srivastava from City Montessori School, Alyn Ware from NoFirstUse and PNND and Mr Hong Tao-Tze from FOWPAL, including scientists, diplomats and people linked to the UN, among countless others, are highlighting in medias international conferences and communication, issues of peace, global governance and world order by definition of international laws (treaties). But, ignoring the necessary national and human adjustments to the constitutional tripod of the UN, refering just its Charter and the multinational, international treaties that it managed to achieve until now.

But, Following, in this setember of the year 2023 a new possible escalation of wars and conflicts between West and East over control of the Earth's seas, oceans and atmosphere comes into focus.

The control possession of the ownership of seas, oceans and atmosphere involving climate action, the carbon market and, finally, China's attempt to apply a new cartography presented by the country as a claim to legitimize a large increase in its territory, involving the following:

The coastal areas of the Chinese South Sea that are home to great natural wealth and some of the world's largest oil reserves.

Another question of market and power that raising hegemonic conflicts over changes in the geomorphological of the continental? shelf due to the imposition of the geopolitical interests of States. What happens because water, energy and climate were fixed only as commodities and the oceans as sources of commodities, investigation of valuable goods and installation of the war power of the victors countres? the Second World Warr and of countries? the nuclear weapon states.

From that point of view, it is certainly a question of a much more complex nature than its marketing and power nature.

An issue that requires broader care for peace, security and sustainable development (possible) in the Earth's maritime, oceanic and atmospheric and interplanetary areas.

The care not of one, two or three of the 194/6 countries on the planet, but of all of them in their entirety, unity and cultural diversity,

?Associated with the current global geopolitical reality that presents questions about peace, war and world unity, reflected by people, authorities and knowledge from around the world, such as those just mentioned, this is a clear sign of the need of the people, peoples, states and nations on the World, reflect on the ordering of the Heritage and Security of humanity and nature.

I refer to the global human and sociocultural ordering relating to the lives and functions of lives integrated into the oceans, seas and continental waters, their access and enjoyment by people and nations of the green spaces or soil of the planet. Specifying, in particular, the global human and sociocultural ordering related to the care, defense and security of the Earth's marine, oceanic and atmospheric environment in the face of these elements:

The scientific, economic and weapons research of water and energy transmitted by human and non-human matter, by the sap and solvents in the composition of their lives, of its health or well-being in relationships on and off the planet.

Because this action is fundamental at this point in the development and evolution of people, states and nations on the planet.

History of waters

History is the basis for understanding everything and everyone. So let's start with her.

Historically, in the past times of the first exploratory navigations of the planet by the Portuguese and other powers, mainly England, France and Holland, there was no concern with the delimitation of spaces and lives in maritime, oceanic and continental waters.

From the beginning of the 16th century (1500/1600) until the end of the 19th century (1800/1900) the contour and movement of water and water life was regulated by natural and customary laws, related to the ability of coexistence, transit and human adaptation. with the forces and lives existing throughout these waters – maritime, oceanic and coastal – understood as hybrid resources.

The first action to systematize the Law of the Sea took place in 1856 at the Paris Congress on the adoption of care regimes for ships during conflict and the second at the Geneva Convention of 1864 on care for the conditions of those injured at sea,

It can be said that most nations - if not all of them - and the majority of the planet's population in general, were unaware of the size of the planet, its national and economic cartographic divisions and even less the common patrimony of humankind non-economic, produced by natural agents, non-human or also human agents.

In fact, only the patrimony and economic interest of the market, work and competition over the exploration, production and transit of goods were known – and even then in a fragmented way and linked only to consumer and monetizable goods.

Thus, it was from this point that studies on the seas, oceans and coastal waters began through scholars such as Hugo Grotius, Francisco de Vitória and Alberico Gentili, which led to projects to codify the Law of the Sea - as for example, the projects of Johann Kaspar Bluntschli or the projects of the Institute of International Law in 1925, the International Law Association in 1926, the Harvard Law School in 1929...

But,? was the League of Nations after the first world war and the UN, after the second world war, the two subjects of human evolution towards a codification of the law of the sea that would lead to a common basic understanding. Thanks in fact to its not only national and impartial purpose of maintaining peace, promoting the human rights of adults, children and their nations and developing the integration of peoples and of the common patrimony of humankind. From what developed the consensual codification of the Law of the Sea.

The process grew into three UN specific conferences:

1.??? The First met in April 1958 in Geneva with the function of examining legal, biological, economic, political and technical aspects.

The meeting was attended by 86 countries and resulted in the drafting of four international conventions - Convention on the Territorial Sea and Contiguous Zone, Convention on the High Seas, Convention on Fisheries and Conservation of Biological Resources of the Sea and Convention on the Continental Shelf , plus an Optional Protocol on the Mandatory Peaceful Settlement of Disputes.

2.??? The Second meeting between March and April 1960 in Geneva that ended without consensus or the issuance of any joint document

3.??? The Third, which met for the first time in December 1973 in New York City, convened by Resolution no. 3067 (XXVIII) of the UN General Assembly with this specific objective:

Define and codify the concepts inherited from natural law and customary international law, referring to maritime matters - such as territorial sea, exclusive economic zone, continental shelf - in terms of rules on the sovereignty of coastal states in relation to adjacent waters, integration of the high seas areas as a common heritage of humanity and the establishment of standards regarding the common management of marine resources and pollution control.

The conference concluded this process in the city of Montego Bay, Jamaica, in 1982 with the participation of 160 countries and resulted in the signing of a Convention with three hundred and twenty disciplinary articles, still controversial, relating to the law of the sea. But the convention defined the high seas as a common heritage of humanity, came into force in 1994.

It is worth highlighting that this process of codifying the Law of the Sea was the first step, but it is not yet finished. It is the main political and legal framework on the law of the sea and was created and continues to develop today within an environment of conflicts and international economic and strategic interests of war, post-war and economic dominance. And the international law, as it is historically referred today lacks the constitutionality of the unity of its diversity of states and relations in the UN. The only means capable of creating the opposable (or balancing) cultural connection relative to the historical and national instincts of war, competition, profit , submission and hostile supremacy of power personalized by the member nations of the planet

Along with the terms “human rights”, “democracy” and “rules-based international order”, the competing powers do not accept the constitutionality of the unity of political, cultural and economic diversity of the UN. Each power repeatedly asserts its own sovereignty, power and morals in a number of partisan countries and is ready to attack, criticize, accuse and delegitimize countries or UN member bodies that do not heed its interests and commands. What happens in the conflict between the USA and Russia or China and the USA or in the current political market divisions and government project competition. In the case of nations, using the elements of the Russian-Ukrainian war as a backdrop, the China-Taiwan conflicts and the international security structures of the West and East NATO-OCX.

This has allowed the nationalist economic, technological and military factor to remain - until this year 2023 and perhaps for longer than possible (sustainable) and desirable - in the dominance over on the issue of peace, security and SDGs. Basically by force of submission of the divisions of nations and maintaining their struggle for world hegemony – with the Gs, USA, Russia, China, NATO and OCX sharing the power of impositions on their geomorphological continental platform (PCG).

In fact, all nuclear national powers, by force of defense, fear, distrust and guarantee of political-economic and military supremacy or independence, have at their core the violation of these terms “human rights”, “democracy” and “international order based on rules". There are no innocents or moral superiority.

As for the high seas, all people, families, peoples, religions, states and nations must have the obligation, duty and commitment to assume its careful use as a cultural heritage of humanity and the planet. After all, maritime, oceanic and coastal waters constitute the main solvent and sap (blood) of waste from human and non-human, energetic and material, organic and non-organic of life and death in universe within the planet.

Conclusion

To consolidate the non-economic heritage of humanity produced by human agents, natural or otherwise, and the regulation of international law in relation to the global community of people, peoples, states and nations, the path to be given from the coming years is this:

Make the planet a United Nations Country under the UN Constitutional Tripod as a means of configuring, realizing and maintaining citizenship, peace, security and sustainable development of all people, states, nations, religions and population minorities on the planet in this and in the following millennia - fragile or super-strong minorities, human and non-human, such as indigenous people, quilombolas or A.I., humanoid robots or genetically modified humans, including the future possibility of cyborgs or "human people with a cybernetic organism. A perspective created/invented by Manfred E Clynes and Nathan S. Kline in 1960, faced with the emergence of space research, to refer to human beings enhanced by artificial power, energy and communication devices.

An objective that we, people who bear the meaning, hope and realization of world citizenship (we citizens of the world as referred to in the UN Charter) hope to see in the course of the 2024 Future Summit. And, clearly UNCLOS associates itself with all objectives of peace, non-proliferation or prohibition of the use of nuclear weapons and all UN treaties and reinforces, even in the face of countries that have not yet ratified it, the need for this action.

With love, peace and light

Divine Roberto Veríssimo