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NAFTA must be abrogated and along with the SPP declared null and void PDF Print E-mail
Justice News
Wednesday, 30 January 2008 00:14
NAFTA must be abrogated and along with the SPP declared null and void

- Joan Russow - Yesterday in Mexico city, there was a rally in front of the Monument to the Revolution. Milk producers set up a stable in front of the Monument. To-morrow, Campesinos and Union members from all over Mexico are descending on Mexico city for a "Mega March" against NAFTA. The Canadian Government must be lobbied to abrogate NAFTA, and to declare the Security and Properity Partnership null and void. Enclosed is a Petition to Parliament



WHEREAS under Article 53 of the Law of Treaties, a treaty/agreement is null and void if the Treaty/Agreement violates international peremptory norms:

A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purpose of the present convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole. From which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.

WHEREAS It is generally recognized that in order to acquire the quality of jus cogens. A norm must first pass the normative test for rules of general international law. It is also established that, secondly such a norm must be accepted and recognized as a peremptory norm by the internationally community of states as a whole, and it must fulfill the following conditions:

(i).Must have broad support;
(ii) .Adoption by all states by consensus: conference action plans;.
(iii) Substantial concurrence of states belonging to all principle legal systems eg. covenants and treaties such as the International Covenant of Civil and Political Rights (ICCPR), the International Covenant of Social, Economic and Cultural Rights (ICSECR), Convention for the Elimination of all Forms of Racial Discrimination, International Convention on the Elimination of all Forms of Discrimination Against Women. Convention on Natural and Cultural Heritage. Convention on Refugees, Declaration of the Rights of Indigenous Peoples, ILO Conventions, Framework Convention on Climate Change, including the Kyoto Protocol, Convention on Biological Diversity;

WHEREAS Many of the provisions in the SPP Agreement violate peremptory norms related to true security which entails the following objectives;

*to promote and fully guarantee respect for human rights including labour rights, civil and political rights, social and cultural rights- right to food, right to housing, right to universally accessible, not for profit health care system , right to education and social justice;

* to enable socially equitable and environmentally sound employment, and ensure the right to development [as per Convention]; and to institute a fair and just transition program for communities affected
by the transition, and for workers displaced by the transition
* to achieve a state of peace, social justice and disarmament; through reallocation of military expenses;
* to create a global structure that respects the rule of law ; and
* to ensure the preservation and protection of the environment,
respect the inherent worth of nature beyond human purpose, reduce the ecological footprint and move away from the current model of overconsumptive development .

We the undersigned citizens draw the attention of the House to the following

That given that the NAFTA and the SPP violate international peremptory norms, the NAFTA and  the SPP must be declared to be null and void, and consequently all measures, NAFTA must be abrogated, and all further negations under the SPP must end, and all measures adopted under the SPP must be reversed. 

NAME (PRINT)   ADDRESS                             SIGNATURE



Please collect about 30 signatures of voters and submit to local MP.
The Petition must be printed on a single page so that those who sign will have demonstrated that they have read the whole petition.

For more information: Please contact Joan Russow at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Last Updated on Wednesday, 30 January 2008 00:14

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