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New Orleans Declaration: The SPP must be declared null and void for violation of international law and norms PDF Print E-mail
Justice News
Friday, 18 April 2008 02:24
New Orleans Declaration: The SPP must be declared null and void for violation of international law and norms

PEJ news - Joan Russow -
Global Compliance Research Project - In the Montebello Declaration of the Security and Prosperity Partnership, the three state leaders, Bush, Harper and Calderon claimed that they share values and principles such as the
Also in the Montebello Declaration, the three state leaders claimed to share the principle of "democracy" yet
the SPP Agreement is being negotiated by a Canadian Prime Minister with at the most 33% support, by a US President who has less than 30% support, and by a Mexican President whose election is still under dispute. To support the heads of state, are numerous corporate/military/academic/financial advisers, who through committees, are drafting and crafting further practices to undermine international norms related peace, human, rights, environment and social justice. On April 21and 22, 2008 at the SPP Summit in New Orleans citizens from all three states must declare the SPP Agreement to be null and void.

New Orleans Declaration: The SPP must be declared null and void for violation of international law and norms

AWARE THAT 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. (note below)

AWARE THAT since the inception of the United Nations, peremptory norms have been established through obligations incurred through Conventions, treaties Covenants; through Commitments made through Conference Action plans, and through UN General Assembly resolutions, and Declarations.

AWARE THAT these norms have furthered 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 from Mexico, Canada and the United States acknowledge that given that the governments of Mexico, Canada and the United States have either failed to sign or ratify key international instruments that reflect these international peremptory norms, or if they have signed and ratified these instruments, have failed to fully implement the obligations and commitments incurred or adopted under these instruments; and that given that the SPP violates international peremptory norms,

The SPP must be declared to be null and void, and consequently all measures, and all further negations under the SPP must end, and all measures adopted under the SPP must be reversed. In addition, all licences and charters of the transnational corporations that violate international norms must be revoked

The three states must be compelled to sign, ratify and implement all relevant International instruments that further true security.

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COUNTRY
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Contact: Joan Russow PhD, Global Compliance Research Project, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Note: Background:

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
Last Updated on Friday, 18 April 2008 02:24
 

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