A Bill for Amendments to World Legislative Act 5

Provisional and Regional World Courts

Act for the Establishment of Provisional District World Courts and Provisional Regional World Courts of the World Supreme Court System, in accordance with Article 19, Sec. 5.2, and with Article 4, of the Constitution for the Federation of Earth, hereinafter referred to as “Earth Constitution

Short Title:

District World Court Act

WHEREAS, the escalation and proliferation of nuclear weapons has reached a level endangering the viability of the entire world by threatening to cause the immediate extinction of all persons and living things on the planet, or at the least such destruction as to set civilization back for hundreds or thousands of years;

WHEREAS, there is an urgent need to establish courts of proper jurisdiction to hear any cases properly brought before the courts regarding issues relating to research, testing, design, production, transportation, deployment, purchase, sale, storage, threatened use or actual use of any nuclear weapons of any size in any delivery system below or above the surface of the Earth, the oceans, or anywhere in the atmosphere or outer space;

WHEREAS, international law and world law and Article 4, Sections 1, 2, 34, 39 and 40 of the Earth Constitution, together with Legislative Act Number One outlawing nuclear weapons and other weapons of mass destruction that has been adopted by the provisional World Parliament in its First Session, now compromise a body of world law appropriate for adjudication and enforcement under a world court system;

WHEREAS, while issues involving the threat of nuclear destruction or extermination present the primary and most urgent need for legal means to deal with such problems in a global context, at the same time many other urgent and crisis type world problems also require the early establishment of world courts of appropriate jurisdiction as avenues for adjudication and enforcement;

WHEREAS, the Earth Constitution under Article 9 does provide for a World Supreme Court together with eight or more defined benches, together with a Superior Tribunal and such related World Regional Courts and World District Courts as may be found necessary; and further provides under Article 19, Sec. 5.2, for the provisional World Parliament to proceed with all actions it considers appropriate and feasible in accordance with the Earth Constitution;

WHEREAS, the judges, advocates and attorneys of the world districts are providing supplemental jurisprudence, and specifically not complementary jurisprudence, that would improperly create overlaps in jurisdiction and judiciability of cases;

WHEREAS, complementary jurisprudence would be interference in the state level of jurisdiction, interfering with full faith and credit, and self-determination, contrary to Article 14.1 of the Earth Constitution;

WHEREAS, complementary jurisprudence would create prosecutorial conditions of double jeopardy, which are prohibited under Article 12.14. of the Earth Constitution;

WHEREAS, the people of Earth are currently overrun with hundreds of thousands of international and world criminals, as well as hundreds of thousands of world civil conflicts not addressed at lower levels of jurisdiction; [These grotesque numbers are in large part emerging from the stockholders of industries tightly vested in violations of world law, but also the executives and rank and file of the respective violating companies;]

WHEREAS, there is a paucity of judges, attorneys, advocates and other world law professionals and para-professionals, created by a guilded international system that places the law professionals’ social status above justice for the people of Earth and protection of the Planet;

Law professionals worldwide comprise only 1 in 400 people, but if we are to practically institute any world federation, the world caseload of dockets in all benches of judicial courts will far more than double, considering the many hundreds of thousands of cases of world crime defined by World Parliament that are commonplace within the pre-existing international system. If World District Courts draw from existing law professionals, then there would be only maybe 1 law professional in 800 people to process existing cases below the world level. Therefore, without intervention, who is there to process and adjudicate the law?;

WHEREAS, that dearth also adversely affects lower levels of jurisdiction by making legal services unattainable by the vast majority of the people of Earth, with only a token amount of services for that vast majority, creating major injustices almost everywhere;

And WHEREAS, the Earth Constitution requirement that World Supreme Court Judges have at least ten years of legal or juristic experience obviously could never properly apply to world district judges, as Earth Federation would never be able to establish a 10-year juristic background for tens of thousands of world judges at start-up;

Whereas, law professional preparations and licensures at a sub-jurisdictional level from the Earth Federation typically require dismissive or antagonistic expressions regarding world federal principles and principles of self-government within a process of world republic;

And since therefore preparatory law programs at sub-jurisdictional levels completely ignore the vital work done, and these local, antiquated programs are totally and evidently forever incompetent for preparing world law professionals;

And WHEREAS, it would be inappropriate and irresponsible to draw world law professionals from the existing tiny pool of existing law professionals, since virtually none of those professionals have a background suitable for acquiring substantial knowledge of existing world legislation, world jurisprudence and the Earth Constitution, and properly largely new skill sets for adjudicating and processing world legislation are necessary to end the tribulation that is caused by the guilding of the world’s law professionals into incompetence and scarcity at the world federal level.

NOW THEREFORE, World Parliament hereby enacts in accordance with these Articles and Sections of the Earth Constitution named above, the following:

1. Provisional District World Courts (hereinafter PDWCs) shall establish in each World Electoral and Administrative District.

2. These PDWCs shall operate under the Earth Constitution which was completed and adopted in Austria in 1977, and amended in Troia, Portugal in 1991. The PDWCs may utilize as their Rules the Rules presently in force in the highest courts of the host country or countries, except when such high court Rules are in contradiction with said Earth Constitution or of subsequent resolutions or legislation of the provisional World Parliament or World Parliament or the World Supreme Court established under the Earth Constitution. The following World Legislative Acts comprise non-exhaustive subsequent legislation:

2.1. Number 15, for World Human Rights Bench; 2.2. Number 19, for World Penal Code;

2.3. Number 20, for World Criminal Case Bench; 2.4. Number24, for Rules of Procedure and Evidence;

2.5. Number 28, for World Bench for Juvenile Cases; and

2.6. Number 37, for Agreement on World Federal Immunities and Privileges. 3. This Act establishes the first provisional Regional World Court (hereinafter PRWC) in Los Angeles, California, USA. This Act establishes the second provisional Regional World Court (hereinafter PRWC) in New Delhi, India. The provisional World Parliament, or the World Supreme Court or provisional World Supreme Court, when constituted, may establish additional PRWCs in countries and cities, as needed. The Rules of said PRWCs are the same as for the Rules presently in force in the highest courts of the host country or countries, except as similarly noted under Article 2 of this Act.

4. World Citizens may take appeals from any judgment of any PDWC or from any judgment of any PRWC, directly to the appropriate Bench of the World Supreme Court or provisional World Supreme Court or to the Superior Tribunal of the World Supreme Court, all as provided under Article 9 of the Earth Constitution.

5. It is not necessary for an appeal from a PDWC to be taken first to a PRWC before being taken to the World Supreme Court or provisional World Supreme Court or to the Superior Tribunal of the World Supreme Court. It is not necessary for any case or action to arise first in a District World Court or PDWC or Regional World Court or PRWC before being taken to a Bench of the World Supreme Court, as district or regional origin and progression is not mandated under the Earth Constitution.

6. The Primary seat of the provisional World Supreme Court will be located in the Primary World Capital, as provided in Article 9, Section 3 of the Earth Constitution. If the Primary World Capital is not established prior to an appeal to the World Supreme Court or provisional World Supreme Court, the provisional World Supreme Court will be located in New Delhi, India.

7. The judgments of all said courts have full force under World Law and International Law, have complete stare decisis effect and are res judicata in World Law and International Law on all issues adjudicated. Virtue of said force and effect shall enforce world court judgments. The World Court shall deem any violation of said judgments a violation of World Law and International Law. In every respect these world courts are empowered to fully function under the Earth Constitution.

8. The World Court shall make Service of Process by first class mail on any defendant or legal representative thereof in the host country or countries of the particular Court or Bench of the World Supreme Court. The World Court shall also make diligent efforts to give hand delivered or telephone notice of Process. For the purpose of serving Process, defendants may be any national, local, regional, state, provincial or other government, or any individual, corporation, association, university or other legally recognized entity. The World Court may serve Process on any embassy, consulate, department of state, foreign office or other responsible governmental department of any country.

9. The terms or periods of these said provisional Courts are from the date of adoption of this Act by the provisional World Parliament, and continuing until further resolution or direction by the provisional World Parliament or World Parliament, or until the complete World Court system is established pursuant to Article 9 of the Earth Constitution.

10. Qualifications of World District Judges, World District Attorneys and World District Advocates

10.1. Three Judges who are attorneys-at-law under the laws of the Earth Federation, and who have minimum age of twenty-five years, evident competence in concepts of world jurisprudence, and commitment to upholding the Earth Constitution shall preside over each case of PDWC and PRWC.

10.2. The World Civil Service Commission of a world district, together with the Institute on Governmental Procedures and World Problems Commission of a world district shall require world district attorney candidates, world district advocate candidates and world district judge candidates to pass a standard exam in world jurisprudence. The continuation agencies of the Provisional Earth Federation shall set the standards of the examination, subject to review by the World Parliament.

10.3. Continuation agencies include the World Constitution and Parliament Association, the Earth Constitution Institute, the Earth Federation Institute, and any provisional functioning agencies of the Earth Federation, including the provisional World Cabinet and World Presidium. In particular, the Standing Parliamentary Commissions of Earth Constitution Article 19 are among the continuation agencies. Continuation agencies shall cooperate in conformance with the Earth Constitution and in conformance with adopted world legislation addressing the specific functions for the standard exam. The general requirements are defined in the World District Template, Abridged, by EAQ Almand and KJ Evans, 2019.

10.4. Law professionals in each world district shall be headed by 5 Chief World District Judges, 5 Senior World District Attorneys and 5 Senior World Districts Advocates, each of whom are elected by the adult residents of the respective district. To qualify, chief World District Judges, senior world district attorneys and senior world district advocates are world district residents, subject, upon operative general elections, to the initial election by the adult residents of the World District within which they reside. After term, world law professionals may run for re-election within any world district within which they will reside. World law professionals are also qualified for appointment to regional or world level of the world court system, wherein law professionals have tenure during competence, except at the top world Commission levels and World Supreme Court level, which have term limits defined in Earth Constitution Articles 9.4., 10.2, and 11.2.4.

10.5. Once qualified by world district commissions, candidates who have succeeded in the standard examination may serve on a provisional (interim) basis, elected by the WCS Commission and IGPWP Commission in joint session. When regular elections commence, qualified law professionals may also run as candidates for elected district office. Law professionals who start a case during the provisional stage shall conduct the respective case until the conclusion of the respective trial, whether or not elected during general world district elections.

10.6. Once qualified by a world district, Earth Federation law professionals may serve for any world district in the Earth Federation. However, Earth Federation law professionals must neither serve nor offer legal representation at lower levels of jurisdiction (state, county, national district or municipal levels, etc.) unless so qualified by licensure from the respective lower jurisdiction, as such representation might become breach of the full faith and credit clause of Article 14 of the Earth Constitution.

11. The Courts provided herein have the power to adopt local Rules consistent with the aforesaid high court rules and with the Earth Constitution, and with the other world legislation and provisions specified in Section 2. of this Act.

12. For the purposes of implementing this Act, the provisional World Parliament establishes a Standing Parliamentary Commission, of five M.P.’s of the provisional World Parliament having legal training and experience or evident global legal competence, all members of the Commission to be fully committed to carrying out the provisions of this Act. The six original members of this Standing Parliamentary Commission on World Courts may co-opt an additional five members, and have full authority to implement the provisions of this Act without further permission or directives from the provisional World Parliament, except in matters that are specifically reserved for decisions by the provisional World Parliament and to further legislation that the Parliament may enact. The said standing commission must further at all times carry on its work in ways not contrary to the provisions of the Earth Constitution.

* * * * * * * * * *

Adopted as World Legislative Act Number Five at the first session of the provisional World Parliament, meeting at Brighton, England, 16 September 1982, convened in conformance with Article 19 of the Constitution for the Federation of Earth. Formatting amendments adopted at eighth session of Parliament, Lucknow, Uttar Pradesh, India, August 2004.

Attested: Dr. Terence P. Amerasinghe, Barrister-at-Law, Secretary (1st & 3rd sessions)
Provisional World Parliament

Eugenia Almand, JD, Secretary
Provisional World Parliament