Category: International Law News

Peace Starts in Korea

By Franklin Hoet-Linares

Worldwide President of the World Jurist Association

 

When Jesus delivered the Sermon on the Mount: “Blessed are the peacemakers, for they shall be called children of God”, among other Beatitudes, he did not specify whether that message was addressed to Jews, Samaritans, Romans or his own followers. Everyone, without distinction. And then, I would add, to ratify that they are concepts that march together: “Blessed are they who are persecuted for the sake of righteousness, for theirs is the kingdom of heaven“.

That is the humble way in which here on Earth we have been working for 40 years at the World Peace Through Law Center, founded in 1965, today World Jurist Association (WJA); without distinctions, exclusions, privileged inclusions, or discriminations. The WJA seeks to strengthen and promote the rule of law and spread peace through law; a recognition of the inherent dignity and equality of inalienable rights of all the members of humanity, founded on freedom, justice and peace in the world, as established in the Preamble to the Universal Declaration of Human Rights (UDHR), approved by the General Assembly of the United Nations (Article III of the WJA Charter).

As WJA Worldwide President for third time, I have committed in the pursuit of our objectives, traveling to different places in the world to actively attend international and regional conferences, among other activities, organized by individuals, associations, corporations, non-governmental organizations and governmental institutions with similar leitmotiv. The cooperation extends to all branches of law: judges, academics and lawyers. We cannot become judges and discriminate those who work for peace, either co-religionists or not, because, in the end, our north is to maintain the inherent dignity of every human being in the process of achieving peace and justice.

Under that mandate and with deep conviction of pursuing a realistic world peace, I attended the invitation of the HWPL (Heavenly Culture, World Peace, Restoration of Light) in Seoul, Republic of Korea, in 2015, to prepare a document that initially was meant to be an international treaty for the promotion of peace and disarmament, with a view to the cessation of wars. Considering the difficulties of achieving such purpose, legal complexity, multiple political interests in the international scenario, especially in the formation of instruments legally binding the community of United Nations States Members, the International Law Peace Committee (ILPC) was created.

I accepted to integrate this Committee, and, within our mission, we achieved our goal after multiple meetings and discussions. A consensus was reached in a document of 10 articles and 38 clauses, called “Declaration of Peace and Cessation of War” (DPCW). The fundamental spirit is the same one that the WJA shares, just governance based on law, not power. Exactly, the same basic concept devised by Sir Winston Churchill when he was presented with our project for a center for peace: “Contribute firmly, from civil society, to strengthen the rule of law“. We were convinced that the future of immediate world peace was being played in Korea.

Or in the words of the inspiring Dwight Eisenhower on our first conference in Washington, by supporting the creation of today’s WJA: “The world has no choice between force and law: if civilization tries to survive it must choose the force of the law“.

This year we attended for second time to Seoul, the peace of the world was centered in those precise moments and territories, between the two Korean countries, with the United States and Russia behind; more precisely, Trump and Putin. Those of us who share the experiences of the Americans and follow the daily news on the media, perceive the almost imminent spectrum of war and, with us and our family, tens of millions more. Imagine how the consequences would be like in North and South Korea. The ILPC finally signaled a laudable solution to the manifest impossibility to obtaining a consensus at the UN General Assembly, as the DPCW restricted the powers of the States and imposed them obligations, which is not realistic at this time of a new international cold war: “Recognize with merit the excellent progress of the President of HWPL in bringing together individual States and regional organizations around the DPCW. Also, recommend that this process will continue until sufficient support is obtained for the presentation of the DPCW before the UN GA with a view to its endorsement in the form of a resolution approved within it“. It is not small thing.

On September 18, I had the historic opportunity of visiting the demilitarized zone. Today, just a few weeks later, in the process of dismantling. Something similar happened in Berlin, when the WJA held a Congress promoting the disarmament and unification of the two Germanies. It is gratifying to contribute, even with a grain of sand.

The UDHR is not an international treaty, it is what it is, a statement of great weight accepted by the entire international community, and that was decided in 1944, when realist legislators realized that it was not possible to obtain a consensus of the main countries for a treaty on fundamental rights, hence decided to produce three instruments. First, the Declaration, not legally enforceable, even though today, after 70 years of validity in international doctrine, it is given a weight of customary law. Subsequently, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights (ICCPR and ICESCR, respectively) were produced. Both were adopted by the UN GA through Resolution 2200 A (XXI) of December 16, 1966, entered into force on March 23, 1976, and have been ratified by 167 States. These two Covenants have a value and can be legally binding among the countries that signed and ratify them.

It is our purpose in the immediate future to extract some fundamental political rights from the DPCW and incorporate them as an amendment to the Covenants. Furthermore, a review of the 30 Clauses or rights of the UDHR. Likewise, we are going to support an initiative of Unite for Rights, a human rights association that is trying to produce a Bill of Rights, to unify the existing human rights legislation in the world, in a simple, accurate and integrative way.

Now, after being sure that the war in the Korean Peninsula is moving away by leaps and bounds, we want to dedicate ourselves to work for peace in Venezuela and continue with the preparation of the XXVI Congress of the WJA in Madrid, to be held from 18 to 20 February 2019

 

Bratislava, October 08, 2018.

Arbitration Summit 2019 – Save the Date!

The World Jurist Association proudly invites you to the 7th Annual Arbitration & Investment Summit, Caribbean, Latin America & Other Emerging Markets 2019, to be held on January 25th, 2019, in Nassau, Bahamas.

The event is being organized by the WJA President for the Bahamas, Dr. Peter Maynard, who invites all WJA members to join the Conferences.

The Drafted Program is avalable HERE

Further information, please contact info@maynardlaw.com

SAVE THE DATE!

 

Letter to the Secretary General of the OAS on the Venezuelan case

 

H.E. DR. LUIS ALMAGRO LEMES

Secretary General of the Organization of the American States

His Excellency,

The World Jurist Association (WJA), aware of the transcendental role that corresponds to it in these critical moments that affect the Venezuelan citizens, presents before you its respectful support and appreciation on behalf of the jurists who integrate it, many of them Venezuelan.

The current humanitarian crisis affecting Venezuela, as direct result of a system described as dictatorial throughout the American continent, and as result of the actions of some of the highest representatives of the Venezuelan regime, who have been qualified as members of criminal organizations with participation in Narcotics trafficking, must be repudiated and taken care of, just as you have courageously claim over the last few years. The real crisis has brought as consequence the notorious and massive diaspora of Venezuelans trying to guarantee their survival by fleeing to the American Continent and the rest of the world, which has also affected the receiving countries and, even more, the neighboring countries which have good sheltered the victims of the Venezuelan regime.

The WJA supports your repeated complaints as Secretary General of the OAS in light of the humanitarian, economic, political and social crisis in Venezuela, as well as the successive ones by multiple international organizations. Likewise, the WJA recognizes your extraordinary and strong humanist position facing the ferocious and repressive Venezuelan dictatorship, in representation of the democratic foundations that inspired the creation of the OAS in 1948. The OAS, in its principles, has always been compatible with the values ​​that guide our organization: Pax Orbis ex Jure, world peace through law; justice through the rule of law.

The WJA adheres to the request of the Independent Panel of International Experts appointed by you on September 14, 2017, who recommended in their report for their conclusions to be presented before the International Criminal Court. The WJA supports the need to process, prosecute and convict the perpetrators of the ongoing  genocide that is being committed in Venezuela, and which is, in light of the Palermo Convention, a crime against humanity.

The four World Associations that integrate the WJA unanimously support and fervently desire successful results in the process of seeking justice for the Venezuelan people during the historic OAS General Assembly that concludes today.

Sincerely,

 

Dr. Franklin Hoet Linares

Worldwide President

 

Read the original text in Spanish (here)

Access the letter in PDF format (here)

Featured image: OAS

 

 

 

The World Jurist Award presented to Dr. Javier Cremades

 

Madrid, March 8, 2018 | The lawyer and founder of the Cremades & Calvo Sotelo office, Javier Cremades, received yesterday from the president of the World Jurists Association (WJA), the Venezuelan Franklin Hoet, the ‘World Jurist Award’ for his professional work.

The event was chaired by the Minister of Justice, Rafael Catalá, and was held at the German Embassy for the links of the winner with this country as a young man he studied the doctorate at the University of Regensburg. Cremades becomes the fourth Spanish lawyer to obtain this WJA distinction since its creation in 1963, after Joaquín Garrigues, Antonio Garrigues and Juan Manuel Fanjul succeeded.

The German ambassador, Peter Tempel, highlighted the fact that he is an “incombustible promoter” of the defense of freedom of expression in the media, while the president of the WJA stressed that he promotes “the value of Rule of Law” together with the protection of Human Rights.

Cremades wanted to thank for an “unexpected” award that, in his opinion, it owes to the team of lawyers who work in his firm and to his maxim of serving people above all. “We are not with cases, but with people”, he said.

According to his point of view, we must fight against the abuses of power, “which tends to perpetuate and corrupt”, as well as against the disaffection of the system propagated by populist parties. Therefore, asked to be “very careful” with those who ask to “reinvent” the constitutional system or defend pro-independence causes in Catalonia under the premise that “freedom is above rights, something totally false”.

In the act they were former ministers like Alberto Ruiz-Gallardón, César Antonio Molina or Eduardo Serra; the president of Repsol, Antonio Brufau; former judges of the Constitutional Court like Manuel Aragón or Álvaro Rodríguez Bereijo; former Ibero-American secretary general, Enrique Iglesias; the former mayor of Caracas, Antonio Ledezma; or journalists Pedro Ruiz and Isabel Gemio.

 

Written by Antonio Rodríguez | The Diplomat in Spain

Main Photo by Benito Guerrero | Cambio 16

Photos by Cremades & Calvo-Sotelo

 

Other Media Sources in Spanish:

https://www.hola.com/sociedad/20180312121483/javier-cremades-nombrado-jurista-ano-asociacion-mundial-juristas/

https://www.cambio16.com/actualidad/javier-cremades-jurista-ano/

http://www.diariosur.es/malaga-capital/justicia-jueces-abogados-20180313163913-nt.html

Photo Gallery

President of the WJA and President of the U.S. Chapter participated in the International Trademark Association (INTA)

On June 7, 2017, Franklin Hoet-Linares, President of the WJA, and Sorell Negro, President of the U.S. Chapter of the WJA, participated in a meeting of the International Trademark Association (INTA) in Aruba.  The purpose of the meeting was to discuss trade of counterfeit goods in the Caribbean and anti-counterfeiting efforts.  The meeting was well-attended by government officials including customs officials and law enforcement agents across the Caribbean, as well as industry representatives including from Proctor & Gamble, Philip Morris, and Puma.  The WJA is proud and delighted to announce that it is moving forward with a formal anti-counterfeiting effort in the Caribbean, working with INTA, government officials, and industry representatives to assist with training of customs officials, dissemination of best practices, and other efforts to reduce and eliminate counterfeiting of products and other illegal trade activities.