WLA 5. Act For Establishing Provisional World Courts Under The Authority
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. E-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. E-2, for the provisional World Parliament to proceed with all actions it considers appropriate and feasible in accordance with the Earth Constitution;
NOW THEREFORE, it is hereby enacted in accordance with these Articles and Sections of the Earth Constitution named above, the following:
- A provisional District World Court (hereinafter PDWC) is established in Los Angeles, California, U.S.A., and a PDWC is also established in New York City, New York, U.S.A. As needed and as possible, additional provisional District World Courts may be established in London, England, Paris, France, Tokyo, Japan, New Delhi, India, Lucknow, India, The Hague, The Netherlands, and in other appropriate locations in any part of the world.
- 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 shall 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. World Legislative Act Number 24, for Rules of Procedure and Evidence, comprise subsequent legislation.
- This Act establishes the first provisional Regional World Court (hereinafter PRWC) in Los Angeles, California, U.S.A. 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 Section II of this Act.
- 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.
- 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.
- The Primary seat of the provisional World Supreme Court will be located in the Primary World Capital, as provided in Article 9, Section C 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 Los Angeles, California, U.S.A.
- 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.
- 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.
- 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.
- Three Judges who are attorneys-at-law under the laws of the host country or countries, and who have at least five years of legal or juristic experience, minimum age of twenty-five years, evident competence in concepts of world jurisprudence, and commitment to upholding the Earth Constitution shall preside over each PDWC and each PRWC.
- 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 provisions specified in Section II of this Act.
- 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, together with a member of the legal profession in California, U.S.A., 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