Title 4 U.S.C. § 1-4 Title 28 U.S.C. §1333, §1337 Title 50 U.S.C. Appendix Sections: 7(c), 7 (e), 9 and 12 Fed.Rules of Civ. Procedure Rules: 8, 13 & 24 1917 Trading with the Enemy Act President Obama 1500 Pennsylvania Avenue Washington, D.C. 20202 Greetings President Obama NOTICE TO PRINCIPAL IS NOTICE TO AGENT , NOTICE TO AGENT IS NOTICE TO PRINCIPAL . I, :Diani-Naja:Bey-El, am a Flesh and Blood Woman , Matriarch of The At-Sik Hata Nation of Yamssee Moors. The following United Nations Articles and Charter were violated due to the kidnapping of my husband :Nanya-Shaabu:El who is a Foreign Head of State is being detained and/or false imprisonment without due process because this case was called for HENRY, SEAN (:Nanya-Shaabu:El was never called in court) and The Refusal of The Canadian Border Patrol to let me pass and repass. Fraud Voids A Contract Ab Inito. As Native American “Indians”, Flesh and Blood, Secured Parties and Creditors. The Article of Confederation joined the UNITED STATES and CANADA in Article 11. The United States Canada, and Canadian Boarder Patrol, violated the following UN Articles and Covenants: 1. Universal Declaration of Human Rights, Article 6, states: “Everyone has the right to recognition everywhere as a person before the law.” 2. Universal Declaration of Human Rights, Article 13 Section (1) states: “Everyone has the right to freedom of movement and resident within the borders of each state.
Transcript
Title 4 U.S.C. § 1-4 Title 28 U.S.C. §1333, §1337
Title 50 U.S.C. Appendix Sections: 7(c), 7 (e), 9 and 12
Fed.Rules of Civ. Procedure Rules: 8, 13 & 24 1917 Trading with the Enemy Act
President Obama 1500 Pennsylvania Avenue Washington, D.C. 20202
Greetings President Obama
NOTICE TO PRINCIPAL IS NOTICE TO AGENT , NOTICE TO AGENT IS NOTICE TO PRINCIPAL.
I, :Diani-Naja:Bey-El, am a Flesh and Blood Woman , Matriarch of The At-Sik Hata Nation of Yamssee Moors. The following United Nations Articles and Charter were violated due to the kidnapping of my husband :Nanya-Shaabu:El who is a Foreign Head of State is being detained and/or false imprisonment without due process because this case was called for HENRY, SEAN (:Nanya-Shaabu:El was never called in court) and The Refusal of The Canadian Border Patrol to let me pass and repass. Fraud Voids A Contract Ab Inito. As Native American “Indians”, Flesh and Blood, Secured Parties and Creditors. The Article of Confederation joined the UNITED STATES and CANADA in Article 11. The United States Canada, and Canadian Boarder Patrol, violated the following UN Articles and Covenants:
1. Universal Declaration of Human Rights, Article 6, states: “Everyone has the right to recognition everywhere as a person before the law.”
2. Universal Declaration of Human Rights, Article 13 Section (1) states: “Everyone has the right to freedom of movement and resident within the borders of each state.
3. Universal Covenant on Civil and Political Rights, Article 12 Section (1) states: “Everyone lawfully within the territory of a State, have the right to liberty of movement and freedom to choose his residence.”
4. Charter of the United Nations, Article 55 states: “Governmental Representatives are bound to “promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion.”
5. Charter of the United Nations, Article 56 states: “All member-states pledge themselves to take joint and separate action in cooperation with the Organization for the achievement of the purpose set forth in Article 55.”
6. Universal Declaration of Human Rights, Article 9 states that: “No one shall be subjected to arbitrary arrest, detention or exile.”
7. Universal Declaration of Human Rights, Article 10 states that: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.”
8. Universal Declaration of Human Rights, Article 11 states that: “Everyone charged with a penal offense has the right to be presumed innocent until proven guilty until according to law in a public trial at which he has had all the guarantees necessary for his defense.”
9. International Covenant on Civil and Political Rights, Article 2, Section 1 states that: “Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
10. International Covenant on Civil and Political Rights Article 2, Section 3 states that: “Each State Party to the present Covenant undertakes:
a. To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
b. To ensure that any person claiming such a remedy shall have his rights thereto determined by competent judicial, administrative or legislative authorities, or by other competent authority provided for by the legal system of the State, and to develop authorities possibilities of judicial remedy;
c. To ensure that the competent authorities shall enforce such remedies when granted.”
11. International Covenant on Civil and Political Rights Article 9 Section (1) states that: “Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”
12. International Covenant on Civil and Political Rights Article 9 Section (1) states that: “Anyone who is arrested shall be informed, at the time of arrest, of the reason for his arrest and shall be promptly informed of any charges against him.”
13. International Covenant on Civil and Political Rights Article 9 Section (2) states that: “Anyone who has been a victim of unlawful arrest or detention shall have an enforceable right to compensation.
United States and Canada are Obligated to Respect the Right to Own Property: The arbitrary
1. Universal Declaration of Human Rights, Article 17, Section 1 and 2 state: “Everyone has the right to own property alone as well as in association with others” and “No one shall be arbitrarily deprived of his property.”
2. Universal Declaration of Human Rights, Article 12 state: “No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, nor attacks upon his honor and reputation. Everyone has the right to protection of the law against such interference or attacks.”
3. International Covenant on Civil and Political Rights, Article 17, Section 1 and 2 state: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home, or correspondence, nor to unlawful attacks on his honor and reputation” and Everyone has the right to the protection of the law against such interference or attack.”
UNITED STATES Charter of Rights and Freedom
Part 1, Article 7, 9, and 10 recognize the fundamental right of justice for all people, to be free from arbitrary detention and to have the basic legal right to due process. Article 12 establishes the right to be free from cruel or unusual punishment, verifying that any person detained or imprisoned in United States has the basic human right to medical attention and necessary life-sustaining care.
1. Life, Liberty and Security of Person, Article 7
“Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.”
2. Detention or Imprisonment, Article 9
“Everyone has the right not to be arbitrarily detained or imprisoned.”
3. Arrest or Detention, Article 10
“Everyone has the right on arrest or detention to be informed of the reasons therefore;
and to be released if the detention is not lawful.”
4. To retain and instruct counsel without delay and to be informed of that right;
and to have the validity of the detention determined by way of habeas corpus
5. Treatment or Punishment, Article 12
“Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.”
AFFIDAVIT STATEMENT OF FACTS
Fact 1. :Nanya-Shaabu:El is Plenipotentiary of Atlan, Amexem, Turtle Island, Land of the Frogs, Egypt of the West; and RECOGNIZED by the GOVERNMENT of CANADA and has received letters from the Government of Canada as Maku/Chief of the At-sik-hata Nation of Yamassee Moors. Our Nation is RECOGNIZED BY THE UNITED NATIONS as an Indigenous Peoples Organization - UNIPO# 2718; Our Nations has Treaties AUTHENTICATED by the Province of Alberta #--------------------- and Condoleezza Rice also signed off on our document with recognition of our Self-Autonomy and Self-Government. see http://naturalcredit.tripod.com
Fact 2. I, :Diani :Bey-El was denied entry to Canada on May 11, 2008 when my husband’s father was murdered. Again on November 18, 2009 when I traveled to see my husband when he was detained in Edmonton Remand Center for mental evaluation and again I was denied entry. See: International Covenant on Civil and Political Rights, Article 17, Section 1 and 2 state:
Fact 3 . :Nanya-Shaabu:El is RECOGNIZED by CANADA INDIAN and NORTHERN AFFAIRS as
Indigenous/Aboriginal/Autochthon; and the CREDITOR IN FACT of Canada, The UNITED STATES , THE U.S. POSTOFFICE - which was created BEFORE the U.S. Government, and Mexico. - THIS HAS NOT BEEN REFUTED, COUNTERCLAIMED OR REBUTTED BY ANY OF THE AFOREMENTION CORPORATE ENTITIES = TACIT CONSENT AND AGREEMENT IN COMMERCE TO THE FACTS PRESENTED UCC 2-201(2).
Fact 4. :Nanya-Shaabu:El who is a Foreign Head of State is being detained and/or false imprisonment in which the charges has been changed several times without due process because this case was called for HENRY, SEAN (:Nanya-Shaabu:El was never called in court).Fraud Voids A Contract Ab Inito. :Nanya-Shaabu:El signed the order to appear but :Nanya-Shaabu-El’s name was not on the docket.
Fact 5. Should Maku:Nanya-Shaabu-El goes to trial he must have a jury of his peers.
Fact 6. Canada is Bankrupt = Defacto Government. Canada/United States does not exist and ALL subsidiaries of the state are defacto. http://sites.google.com/site/authenticexport/2 . See:
Fact 7. CANADA/UNITED STATES have no courts. The United States/Canada was thrown into the Atlantic Ocean and don’t know which way to start swimming and don’t know if they can swim to shore.
http://www.youtube.com/watch?v=_NMu1mFao3w- Rep. Kanjorski: $550 Billion Disappeared in "Electronic Run On the Banks"
Fact 8. Canada is a corporation.
Fact 9. Canada was NEVER confederated see: www.detaxcanada.org .
Fact 10. Canada (organically) is part of the United States. See: 1778 Articles of Confederation and Perpetual Union - Art. XI.
Fact 11. The SPP - North American Union, I have accepted the contract, Filed on a UCC-1 in the Commonwealth of Kentucky and exported the SPP onto Atlan= Collateral Estoppel.
Fact 12. There are NO Common Law Courts or Canada/U.S. Corporate Courts anywhere on this land mass see: http://sites.google.com/site/authenticexport . There are NO LONGER ANY U.S. COURTS, there is NO Canada/U.S. or America there is ONLY ATLAN, Amexem , Turtle Island, Land of the Frogs.
Fact 13. The U.S. Post Office has been exported onto Atlan, Amexem, Turtle Island, Land of the Frogs.
Fact 14. As Stated by Pennsylvania Rep. Senator Kanjorski on CSPAN - The U.S. Corporation is in
the MIDDLE OF THE ATLANTIC. see: http://sites.google.com/site/atsikhata-1
Fact 15. There is no Canada, U.S. or Mexico see http://sites.google.com/site/authenticexport/2 - THEY NO LONGER EXIST = NO COURTS = NO CORPORATE OPERATIONAL CHARTER = NO JURISDICTION = NO AUTHORITY = NO Venue = THE COURTS YOU ARE TENDERING PAPERWORK TO ARE operating in admiralty on the LAND, which they cannot do as it has already been established they are in the Middle of the Atlantic = ALL these so-called U.S. courts with their Puerto Rican Judges( Title 48 USC sec 874) are in an improper LOCATION and improper venue, either they shut the court down entirely or they take the building to the middle of the Atlantic coordinates are 00 00 North Latitude; 25 00 West Longitude.
Fact 16. Proclamation by President George Bush: This is Prima Facie Evidence. We will protect and honor tribal sovereignty and help to stimulate economic development in reservation communities.
Fact 17. Executive Order 13107 by President Bill Clinton: This is Prima Facie Evidence.
EXECUTIVE ORDER 13107
IMPLEMENTATION OF HUMAN RIGHTS TREATIES
By the authority vested in me as President by the Constitution andthe laws of the United States of America, and bearing in mind theobligations of the United States pursuant to the International Covenanton Civil and Political Rights (ICCPR), the Convention Against Tortureand Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), theConvention on the Elimination of All Forms of Racial Discrimination(CERD), and other relevant treaties concerned with the protection andpromotion of human rights to which the United States is now or maybecome a party in the future, it is hereby ordered as follows:
Section 1. Implementation of Human Rights Obligations. (a) It shallbe the policy and practice of the Government of the United States, beingcommitted to the protection and promotion of human rights andfundamental freedoms, fully to respect and implement its obligationsunder the international human rights treaties to which it is a party,including the ICCPR, the CAT, and the CERD.
Fact 18. Since Canada Recognize one Indigenous Nation then Canada recognizes ALL Indigenous Nation. See: CANADA ACCIDENTALLY RECOGNIZES MOHAWK SOVEREIGNTY
http://www.hrweb.org/legal/genocide.html
Convention on the Prevention and Punishment of the Crime of Genocide
Adopted by Resolution 260 (III) A of the United Nations General Assembly on 9 December 1948.
Article 1
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article 2
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Article 3
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article 4
Persons committing genocide or any of the other acts enumerated in Article 3 shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
Article 5
The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in Article 3.
Article 6
Persons charged with genocide or any of the other acts enumerated in Article 3 shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.
Article 7
Genocide and the other acts enumerated in Article 3 shall not be considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.
Article 8
Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in Article 3.
Article 9
Disputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or any of the other acts enumerated in Article 3, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.
Article 10
The present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall bear the date of 9 December 1948.
Article 11
The present Convention shall be open until 31 December 1949 for signature on behalf of any Member of the United Nations and of any non-member State to which an invitation to sign has been addressed by the General Assembly.
The present Convention shall be ratified, and the instruments of ratification shall be deposited with the Secretary-General of the United Nations.
After 1 January 1950, the present Convention may be acceded to on behalf of any Member of the United Nations and of any non-member State which has received an invitation as aforesaid.
Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 12
Any Contracting Party may at any time, by notification addressed to the Secretary-General of the United Nations, extend the application of the present Convention to all or any of the territories for the conduct of whose foreign relations that Contracting Party is responsible.
Article 13
On the day when the first twenty instruments of ratification or accession have been deposited, the Secretary-General shall draw up a process-verbal and transmit a copy of it to each Member of the United Nations and to each of the non-member States contemplated in Article 11.
The present Convention shall come into force on the ninetieth day following the date of deposit of the twentieth instrument of ratification or accession.
Any ratification or accession effected subsequent to the latter date shall become effective on the ninetieth day following the deposit of the instrument of ratification or accession.
Article 14
The present Convention shall remain in effect for a period of ten years as from the date of its coming into force.
It shall thereafter remain in force for successive periods of five years for such Contracting Parties as have not denounced it at least six months before the expiration of the current period.
Denunciation shall be effected by a written notification addressed to the Secretary-General of the United Nations.
Article 15
If, as a result of denunciations, the number of Parties to the present Convention should become less than sixteen, the Convention shall cease to be in force as from the date on which the last of these denunciations shall become effective.
Article 16
A request for the revision of the present Convention may be made at any time by any Contracting Party by means of a notification in writing addressed to the Secretary-General.
The General Assembly shall decide upon the steps, if any, to be taken in respect of such request.
Article 17
The Secretary-General of the United Nations shall notify all Members of the United Nations and the non-member States contemplated in Article 11 of the following:
(a) Signatures, ratifications and accessions received in accordance with Article 11;
(b) Notifications received in accordance with Article 12;
(c) The date upon which the present Convention comes into force in accordance with Article 13;
(d) Denunciations received in accordance with Article 14;
(e) The abrogation of the Convention in accordance with Article 15;
(f) Notifications received in accordance with Article 16.
Article 18
The original of the present Convention shall be deposited in the archives of the United Nations.
A certified copy of the Convention shall be transmitted to all Members of the United Nations and to the non-member States contemplated in Article 11.
Article 19
The present Convention shall be registered by the Secretary-General of the United Nations on the date of its coming into force.
REQUEST FOR DISCLOSURE
1. I REQUEST a certified copy of the Law that I can not enter Canada as an Native American .
2. I REQUEST a copy of the Dunn and Brad Street Registration Number for: CANADA, CANADIAN SECRET INTELLIGENT SERVICE, CONGRESS, HOMELAND SECURITY , THE UNITED STATES OF AMERICA, UNITED STATES, united states of America, The FBI, The CIA, NATIONAL SECURITY COUNCIL, DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, DEPARTMENT OF INTERIOR, and NATIONAL SECURTIY COUNCIL..
3. I REQUEST a copy of the insurance company for: CANA DA, CANADIAN SECRET INTELLIGENT SERVICE, HOMELAND SECURITY, CONGRESS, THE UNITED STATES OF AMERICA, UNITED STATES, united states of America The FBI, The CIA, NATIONAL SECURITY COUNCIL, DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, DEPARTMENT OF INTERIOR, and NATIONAL SECURTIY COUNCIL., .
4. I REQUEST the name of the insurance companies for: CANADA, CANADIAN
SECRET INTELLIGENT SERVICE, CONGRESS, THE UNITED STATES OF AMERICA, UNITED STATES, unites states of America , HOMELAND SECURITY, The FBI, The
CIA, NATIONAL SECURITY COUNCIL, DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, DEPARTMENT OF INTERIOR, and NATIONAL SECURTIY COUNCIL. .
5. I REQUEST the names of: Chief Executive Officer of Canada; Chief Financial of Canada; Chief Financial Officer of United States, United States of America, and united states of America; Chief Executive Officer of United States, United States of America, united states of America Board of Trustees, Congress, CANADIAN SECRET INTELLIGENT SERVICE, The FBI, The CIA, NATIONAL SECURITY COUNCIL, DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, DEPARTMENT OF INTERIOR, and NATIONAL SECURTIY COUNCIL. , and HOMELAND SECURITY
6. I REQUEST the names of: Board of Trustees of CANADA; THE UNITED STATES OF AMERICA, UNITED STATES, unites states of America, CONGRESS, CANADIAN SECRET INTELLIGENT SERVICE, The FBI, The CIA, NATIONAL SECURITY COUNCIL, DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, DEPARTMENT OF INTERIOR, NATIONAL SECURTIY COUNCIL, and HOMELAND SECURITY.
7. I REQUEST the identification numbers for: Risk Management of CANADA, CANADIAN SECRET INTELLIGENT SERVICE, CONGRESS, THE UNITED STATES OF AMERICA, UNITED STATES, unites states of America, The FBI, The CIA, NATIONAL SECURITY COUNCIL, DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, DEPARTMENT OF INTERIOR, NATIONAL SECURTIY COUNCIL and HOMELAND SECURITY.
8. I REQUEST identification numbers of ALL JOHN and JANE DOE’S from 1-1,000.
9. I REQUEST the names of The Board of Trustees for: CONGRESS, The FBI, The CIA, NATIONAL SECURITY COUNCIL, DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, DEPARTMENT OF INTERIOR, CANADIAN SECRET INTELLIGENT SERVICE, CANADIAN SECRET INTELLIGENT SERVICE, and NATIONAL SECURTIY COUNCIL
10. I REQUEST the names and identification numbers for: The FBI, The CIA, NATIONAL SECURITY COUNCIL, DEPARTMENT OF JUSTICE, DEPARTMENT OF DEFENSE, DEPARTMENT OF INTERIOR, CANADIAN SECRET INTELLIGENT SERVICE and NATIONAL SECURTIY COUNCIL.
11. I REQUEST copies of ALL BAR Cards: ALL Congressman, Senators and All Attorneys instantar.
12. I REQUEST a copy of the Law where genocide must continue.
NOTICE
According to the UNIFORM COMMERICAL CODE we, :Diani:Bey-El and :Nanya-Shaabu-El, United Nations IPO# 2718, are Plenipotentiaries of Atlan, Bankers, Judge, Secured Party and Creditor as per Security Agreement on file in Macon and Fulton County Georgia: there is a Seven Hundred Fifty Thousand Dollar ($750,000.00) cost per day for violation of infringement of copyright and trademark. The cost of violating the copyright and trademark will be Nunc Pro Tunc, starting the day that the kidnapping of the Flesh and Blood Man: Nanya-Shaabu-El and Five Hundred Thousand Dollars ($500,000.00) for denial of entry to Canada, which is our land.
International Commercial Notice
Lack of written response, no response, acquiescence within 30 days by not supplying documents and full disclosure as required by law (TILA, Section 226.23) and all requests to the Principal / Bailor / Secured Party / Lien Holder are valid, lawful and initiated involuntary bankruptcy proceedings against all claimants / parties and take alleged claimants/parties into a foreign proceedings to be prosecuted. All parties agree to and consent by their actions and inactions that the Principal / Bailor / Secured Party / Lien Holder may proceed against all alleged claimant/parties, by taking alleged claimant/parties into a foreign proceeding to be prosecuted. See United Nations Convention on the Law of the Sea , and agree that all processes, claims, notices and public filings advertised, filed, and utilized by the Secured Party/Lien Holder/Grantor are valid, lawful and enforceable in favor of the Secured Party/Lien Holder/Grantor. All parties agree that the Secured Party/Lien Holder/Grantor may initiate involuntary bankruptcy, including seizure of alleged claimants property and proceedings against all parties and all alleged claimants/parties and take alleged claimant/parties into a foreign proceeding to be prosecuted. All parties agree to and consent by their actions that the Secured Party/Lien Holder/Grantor may proceed against all alleged claimant/parties, including seizure of all alleged claimants property, by taking alleged/parties into a foreign proceeding to be prosecuted. See Suits in Admiralty Act.
All claims in this instrument done by the secured party/principal/lien holder are under Admiralty law and agreed and consented to by all parties.
The claims of this Instrument are Within the Admiralty: Title 28 U.S.C. §1333, §1337.
(See: Suits in Admiralty Act, The Bill of Lading Act, The Admiralty Extension Act and the Foreign Sovereign Immunity Act.)
Jurat At-sik-Hata , Atlan, Amexem , Turtle Island [ state of Georgia]; 1787 Constitution for
the united states of America and Articles 55 & 56 of the United Nations Charter.
Affirmed By: _Diani-Naja:Bey-El_ )U.C.C. 1-103; U.C.C. 1-308 All Rights Reserved, Without Prejudice
By: Diani-Naja:Bey-El U.C.C. 1-308 All Rights Reserved
The Foreign Sovereign Immunities Act: Assessing the Immunity of Foreign States in U.S. Litigation
U.S. litigation involving foreign sovereigns and their instrumentalities continues to grow with the increasingly global economy. Industry participants and practitioners should be well versed with the jurisdictional immunity and other protections afforded such entities by the Foreign Sovereign Immunities Act (FSIA) and their effect on the vindication of adverse parties’ rights. This article highlights significant recent appellate decisions addressing the FSIA. These decisions will be of interest to those practitioners representing foreign states and to those representing parties with adverse interest whose position in litigation will be affected by the rights and procedures prescribed by the Act.By Hugh R. Koss, Brooke C. Galardi, and Eric B. Strain
2/16/2005
The Foreign Sovereign Immunities Act of 1976 (“the FSIA” or “the Act”)[1] defines
the jurisdiction of the courts of the United States in actions
(c) The "United States" includes all territory and waters,
continental or insular, subject to the jurisdiction of the United
States.
(d) A "commercial activity" means either a regular course of
commercial conduct or a particular commercial transaction or act.
The commercial character of an activity shall be determined by
reference to the nature of the course of conduct or particular
transaction or act, rather than by reference to its purpose.
(e) A "commercial activity carried on in the United States by a
foreign state" means commercial activity carried on by such stateand having substantial contact with the United States
The Article of Confederation has not been repealed to this very day
Articles of Confederation : March 1, 1781
To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.
Articles of Confederation and perpetual Union between the states of New Hampshire, Massachusetts-bay Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.
I.
The Stile of this Confederacy shall be
"The United States of America".
II.
Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.
III.
The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.
IV.
The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any State, on the property of the United States, or either of them.
If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the Governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense.
Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State.
V.
For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a powerreserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year.
No State shall be represented in Congress by less than two, nor more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees or emolument of any kind.
Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the committee of the States.
In determining questions in the United States in Congress assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on Congress, except for treason, felony, or breach of the peace.
VI.
No State, without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King, Prince or State; nor shall any person holding any office of profit or trust under the United States, or any of them, accept any present, emolument, office or title of any kind whatever from any King, Prince or foreign State; nor shall the United States in Congress assembled, or any of them, grant any title of nobility.
No two or more States shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any King, Prince or State, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain.
No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of filed pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the Kingdom or State and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.
VII.
When land forces are raised by any State for the common defense, all officers of or under the rank of colonel, shall be appointed by the legislature of each State respectively, by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment.
VIII.
All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States in proportion to the value of all land within each State, granted or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time direct and appoint.
The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the United States in Congress assembled.
IX.
The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article -- of sending and receiving ambassadors -- entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever -- of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated -- of granting letters of marque and reprisal in times of peace -- appointing courts for the trial of piracies and felonies commited on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.
The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall
be reduced to thirteen; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgement and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgement, which shall in like manner be final and decisive, the judgement or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every commissioner, before he sits in judgement, shall take an oath to be administered by one of the judges of the supreme or superior court of the State, where the cause shall be tried, 'well and truly to hear and determine the matter in question, according to the best of his judgement, without favor, affection or hope of reward': provided also, that no State shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdictions as they may respect such lands, and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before presecribed for deciding disputes respecting territorial jurisdiction between different States.
The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States -- fixing the standards of weights and measures throughout the United States -- regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated -- establishing or regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office -- appointing all officers of the land forces, in the service of the United States, excepting regimental officers -- appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States -- making rules for the government and regulation of the said land and naval forces, and directing their operations.
The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated 'A Committee of the States', and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction -- to appoint one of their members to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money
to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses -- to borrow money, or emit bills on the credit of the United States, transmitting every half-year to the respective States an account of the sums of money so borrowed or emitted -- to build and equip a navy -- to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; which requisition shall be binding, and thereupon the legislature of each State shall appoint the regimental officers, raise the men and cloath, arm and equip them in a solid-like manner, at the expense of the United States; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. But if the United States in Congress assembled shall, on consideration of circumstances judge proper that any State should not raise men, or should raise a smaller number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of each State, unless the legislature of such State shall judge that such extra number cannot be safely spread out in the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judeg can be safely spared. And the officers and men so cloathed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.
The United States in Congress assembled shall never engage in a war, nor grant letters of marque or reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of the majority of the United States in Congress assembled.
The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgement require secrecy; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several States.
X.
The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of the nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said Committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States assembled be requisite.
XI.
Canada acceding to this confederation, and adjoining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine States.
XII.
All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pleged.
XIII.
Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said Articles of Confederation and perpetual Union. Know Ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said Confederation are submitted to them. And that the Articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual.
In Witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the State of Pennsylvania the ninth day of July in the Year of our Lord One Thousand Seven Hundred and Seventy-Eight, and in the Third Year of the independence of America.
Agreed to by Congress 15 November 1777 In force after ratification by Maryland, 1 March 1781
Source:Documents Illustrative of the Formation of the Union of the American States.
Government Printing Office, 1927. House Document No. 398.
Selected, Arranged and Indexed by Charles C. Tansill
The terms nation, state, country and nation-state are used to refer to political, economic, social and cultural actors in the international system. The modern nation-state refers to a single or multiple nationalities joined together in a formal political union. The nation-state determines an official language(s), a system of law, manages a currency system, uses a bureaucracy to order elements of society, and fosters loyalties to abstract entities like "Canada," "the United States," and so on.
What's the difference between these concepts?
A nation-state differs from a "state" or a "nation" for a couple of important reasons:
A nation refers only to a socio-cultural entity, a union of people sharing who can identify culturally and linguistically. This concept does not necessarily consider formal political unions.
A state refers to a legal/political entity that is comprised of the following: a) a permanent population; b) a defined territory; c) a government ; and d) the capacity to enter into relations with other states.
This distinction is an important one because we, as political scientists, must be able to account for both political and socio-cultural factors in a political entity. Using the term nation-state, permits this investigation.
What does the growth in the number of nation-states mean?
The growth in the number of nation-states means that nation-states are going to have to cope with new political, economic, and social realities. The new entrants in the political system bring with them new opportunities for the international political system, but also bring new problems that the international order must be able to approach and attempt to solve.
A nation-state is a state, or country, that has defined borders and territory. It is additionally a country in which a nation of principally the same type of people exists, organized by either race or cultural background. In the nation-state, generally, everyone would speak the same language, probably practice the same or similar types of religion, and share a set of cultural, “national,” values.
From this strict definition it’s easy to see that the US is not a nation-state. We have multiple ethnicities, numbers of religions practiced, and different cultural norms. Even though citizens of the US share the same borders and
territory, we do not, in the sense of the nation-state, share a common nationality.
Another way in which a nation-state cannot exist is when there is a defined ethnic and cultural group that exists without territorial borders, and complete right of ownership to those borders. For example, when immigrants to the US declared the country to be a state, numerous Native American tribes were nations without being states. The borders of the various Native American nations were disregarded by the larger US state, resulting in repeated relocation of these nations to other areas and territories. These territories were only held at the permission of the US. Today, some tribes do have defined borders but they still in some cases may be subject to the laws of the US, making them not fully nation-states.
In fact, most countries do not completely fall within the definition of the nation-state, since most countries have immigrants. Once immigrants come to a country, especially in large numbers, the nation-state can no longer exist. Countries with only a small number of immigrants may still be seen as containing predominantly the same ethnicity and shared culture and may thus be considered as approaching the theoretical nation-state.
Iceland is considered almost an ideal nation-state since immigration to Iceland is quite low. Japan also comes close to being a nation-state because the sense of national identity and shared language is very strong. It is not coincidental that both of these countries are islands and thus less “crossing of the border” can exist.
The Republic of Ireland approaches the nation-state, though immigration to other countries often led to more Southern Irish people living outside of the Republic than inside it. It has relatively few immigrants, except returning nationals or their descendants, and shares a strong national identity. In the Republic of Ireland, the state is founded on the principles of the nation, with laws made respecting the deep Catholic beliefs of the country.
The desire to establish a nation-state can be one of the most devastating ones and may result in either mass eviction of other nationalities or ethnic cleansing. Hitler attempted to establish Germany as a nation-state by first exiling Jews, and then ultimately, by killing the majority of Jewish residents in Germany, and in other countries he conquered like Poland. Attempting to enforce a nation-state where none truly exists often results in high numbers of deaths for large minority populations and a lack of humanity to the extreme
4. I copied this part from the end of link #5 below for you to research.
Background: Federal Court of Canada File No. T-1309-08, Kahentinetha et al v. The Queen: Order of madam Prothonotary Mireille Tabib, October 23, 2008 that the women give $19,460.00 security for the court costs from the beginning to the end, because they are “ordinarily resident outside of Canada” as they live in Akwesasne and Kahnawake [FC rule 416(10)a];
On Feb. 26, 2009, Statement of Claim filed on the Reckless disregard for the safety and security of Indigenous Women at the Canadian Border, Akwesasne, FCC # T-288-09 between Kahentinetha, of the Kanion’ke:haka, and the Queen, Sec. 48 Federal Court Act. Filed Feb. 26, 2009, on Hon. John Sims, Deputy Attorney General of Canada 613-946-2774 Fax 613-952-6006. [Contact: Marieke Bouchard 613-952-6006; Cynthia Leaver, Regional Assistant 613-952-3653; Shurman Longo Grenier 613-868-9009; Vincent Veilleux 613-952-6006.]
Art. 27, Geneva Conventions: protected persons are entitled to respect for their persons, honor, family rights, religious convictions, manners and customs. They shall be treated humanely especially against violence or threats and insults. Women should especially be protected against indecent assault based on race, religion and political opinions.
CANADA ACCIDENTALLY RECOGNIZES MOHAWK SOVEREIGNTY
MNN. Sept. 8, 2009 The colony of Canada has officially recognized our sovereignty on Great Turtle Island and has taken steps to abide by the Two Row Wampum agreement. Canada admits they have no jurisdiction over Indigenous people and territory.
On June 14, 2008, two women were peacefully crossing the illegal checkpoint in the middle of Kawenoke Island of Akwesasne. The Canada Border Services Agency CBSA called in 12 burly well-armed colonial goons to viciously attack the two women. One elder almost died of a trauma induced heart attack and the other was severely beaten and held incommunicado.
The two women live in the Mohawk communities of Akwesasne and Kahnawake. They filed formal complaints with the RCMP, OPP, Mohawk Akwesasne Police and the CBSA to investigate. All refused. The women were treated like enemy combatants with no rights. We are being falsely labeled as insurgents, terrorists and global risks. This violates the Geneva Conventions 1949 which set the standards in international law for humanitarian treatment of civilians and the victims of conflict. [See notes at end]
The women are not Canadian citizens as the Mohawk Nation never relinquished our territorial independence. The two women took it to the Federal Court of Canada, FCA T-1309-08, to address the human rights abuses. Canada is supposed to live up to its commitments under international law to respect human rights of all.
The Crown issued orders respecting our sovereignty. On October23, 2008, Prothonotary Mireille Tabib ordered the two women to pay for Canada ’s costs by depositing $19,460.00 with the court plus all subsequent costs. The reason! They live in Akwesasne and Kahnawake and are not residents of Canada . An appeal was filed. On January 29, 2009 Judge Francois Lemieux issued the same order. On Feb. 26, 2009 another case was filed by one of the women, T-288-09. On April 7, 2009, the same order was made because she lives in Kahnawake, making her a non-resident of Canada .
The Two Row Wampum agreement separates the colonists from the true original Indigenous jurisdiction. The Crown must fulfill our request to investigate our complaints against their agents. The CBSA acted outside its territorial jurisdiction when it assaulted the two women and cannot demand security for their costs.
The CBSA can never return to Kawenoke Island , the real name of Cornwall Island , which they abandoned on May 31, 2009. The Mohawks refused to allow these foreigners to carry guns in the middle of our community. The old Customs House sits empty and belongs to the Mohawks. CBSA needs to get their junk out of there. When Alcatraz was abandoned, it returned automatically to the Indigenous people.
The colony of Canada removed the CBSA checkpoint from Kawenoke to the foot of the bridge in the city of Cornwall Ontario. Cornwall is part of the Mohawk North Shore claim. A CBSA supervisor stated to Mohawk elders that the former Kawenoke Customs had to be officially de-designated as a Canada port of entry. The new one sits on Akwesasne land. CBSA has to remove its port-a-potties out of Cornwall to parts unknown, maybe back to England . Phew!
Our territory extends all across this land.In requesting Mohawks to report to them when leaving Kawenoke, which they formerly treated as part of the colony of Canada , they are respecting our sovereignty. They actually have no business asking our people anything. We cannot allow them to interfere with our natural birthright and our right to travel freely about our homeland or entering our communities.
The colonial pirates that are attacking and confiscating our legitimate products on our rivers are also out of their jurisdiction. They have no right whatsoever to interfere with our trade and commerce anywhere. All waterways are our highways long before the coming of foreigners to this land to be freely traversed by us.
These Federal Court of Canada orders recognize that Indigenous people on Onowaregeh retain international sovereignty. The demand for money is meant to discourage us from seeking justice against these brutal carpetbaggers. They are telling us we have to buy justice from them. Canada has no problems to dish out millions to the band and tribal councils to illegitimately sell us out and fraudulently try to settle our land claims. It violates the International Covenant on Civil and Political Rights Our political position does not allow them to assault or murder us, prevent freedom of speech or violate our human rights. These organized criminal cartels have no right to extort money from us. Everything they do falls under every kind of genocide known to humankind.
The checkpoint had to be removed. The border had to be removed. What’s next?
To stop the CBSA from coming in, we need to keep our fire going and to erect a building. To help, please contact [email protected] 613-937-1813.
Kahentinetha MNN Mohawk Nation News, www.mohawknationnews.com [email protected] Note: Your financial help is needed and appreciated. Please send your donations by check or money order to “MNN Mohawk Nation News”, Box 991 , Kahnawake [ Quebec , Canada ] J0L 1B0. Or go to PayPal on website. Nia:wen thank you very much. Go to MNN “BORDER” and “AKWESASNE” categories for more stories; New MNN Books Available now! Purchase t-shirts, mugs and more at our CafePressStore
http://www.cafepress.com/mohawknews; Subscribe to MNN for breaking news updates http://.mohawknationnews.com/news/subscription.php; Sign Women Title Holders petition! http://www.ipetitions.com/petition/Iroquois
Background: Federal Court of Canada File No. T-1309-08, Kahentinetha et al v. The Queen: Order of madam Prothonotary Mireille Tabib, October 23, 2008 that the women give $19,460.00 security for the court costs from the beginning to the end, because they are “ordinarily resident outside of Canada” as they live in Akwesasne and Kahnawake [FC rule 416(10)a];
On Feb. 26, 2009, Statement of Claim filed on the Reckless disregard for the safety and security of Indigenous Women at the Canadian Border, Akwesasne, FCC # T-288-09 between Kahentinetha, of the Kanion’ke:haka, and the Queen, Sec. 48 Federal Court Act. Filed Feb. 26, 2009, on Hon. John Sims, Deputy Attorney General of Canada 613-946-2774 Fax 613-952-6006. [Contact: Marieke Bouchard 613-952-6006; Cynthia Leaver, Regional Assistant 613-952-3653; Shurman Longo Grenier 613-868-9009; Vincent Veilleux 613-952-6006.]
Art. 27, Geneva Conventions: protected persons are entitled to respect for their persons, honor, family rights, religious convictions, manners and customs. They shall be treated humanely especially against violence or threats and insults. Women should especially be protected against indecent assault based on race, religion and political opinions.
The "Bar" Treaty of 1947
Effectively Tying the Bar Associations of the Respective Pan-American States Together and subverting our Constitution to United Nations International Law
Today an attorney is a sworn officer of the court, and by his own admission, as that officer, his duty is to impose the will of the state against the citizen.
AMERICAN BAR ASSOCIATION
(Organized at Saratoga Springs New York, August 21, 1878)
It's object shall be to advance the science of jurisprudence, promote the administration of justice and uniformity of legislation and of judicial decision throughout the Nation, uphold the honor of the profession of the law, encourage cordial intercourse among the members of the American Bar and to correlate the activities of the Bar organizations of the respective States on a representative basis, in the interest of the legal profession and of the public throughout the United States. (ABA Constitution, Article 1)
REPORT OF THE SPECIAL COMMITTEE FOR PEACE AND LAW THROUGH UNITED NATIONS (relative to the Bar Treaty of 1947)
RECOMMENDATIONS*
Resolved, That the American Bar Association notes with approval the further progress made, within the structure and Charter of the United Nations, at the recent Inter-American Conference for the Maintenance of Continental Peace and Security, held at Quitindinia in Brazil, in implementing the Act of Chapultepec and strengthening further the spirit of friendly consultations and of submission to law-governed procedures, as well as the means of united self-defense, throughout the Americas, against aggressions from outside and for the prevention of the causes of disputes and misunderstandings among the nations of this hemisphere. The Association hails with particular satisfaction the Inter-American Treaty of Reciprocal Assistance, signed at Rio de Janeiro on September 2 by the representatives of nineteen American republics, as a concrete demonstration of what can be accomplished within the framework of the United Nations, by nations which are willing to submit themselves to the rule of law and to agree to act together for mutual assistance and defense against aggression clearly defined.
The Association commends this Treaty to the consideration of the Delegation of the United States in the General Assembly of the United Nations and to like-minded peoples because of its clear and specific statement and limitation of its scope and purposes and especially its acceptance of the principles of decision by a vote of two~thirds of the member nations on major questions (a majority vote on some others), with a party to a dispute between members excluded from voting on it, no nation required to use armed force without its consent, and no right or power on the part of any nation to "veto or block the defined procedures for pacific settlement of controversies within the Americas and for united action in the exercise of the inherent right of individual or collective self-defense recognized by Article 51 of the
Charter, against aggression from any source, anywhere within a Continental American zone defined in the treaty.
Resolved Further, That the American Bar Association hails with especial satisfaction the progress made at Quitindinia and Rio de Janeiro because it has been fostered actively and substantially by lawyers of the Americas, through their respective bar associations and learned academies of the law; and that this Association pledges its continued support, through its own activities and its participation in the Inter-American Bar Association, in behalf of the objectives of the treaty and in behalf of peace, understanding, mutual assistance and self-defense, and the prevalence of the rule of law, throughout the Americas.
Resolved Further, That the American Bar Association favors and urges the earliest practicable ratification of the Inter-American Treaty of Reciprocal Assistance by the Senate of the United States.
* These recommendations were adopted by the House of Delegates
II
Resolved, That the American Bar Association expresses its gratification that the General Assembly of the United Nations has before it for consideration and action a notable report by its distinguished committee, which submits definitive plans for the progressive development and the eventual statement or codification of the rules and principles of international law.
Resolved Further, That if the International Law Commission proposed by the report is authorized by the General Assembly and elected by the United Nations, this Association as an accredited organization long at work in the field shall tender and render to the Commission and the Secretariat such assistance as they desire that this Association shall undertake, through its constituted committees and sections as hitherto voted by the House of Delegates and in close cooperation with The Canadian Bar Association, to the continuance of which this Association pledges its best efforts.
III
Resolved, That the American Bar Association expresses again its considered opinion to be that the interests of peace, justice and law throughout the world will best be advanced through the continuance of united, outspoken support of the United Nations by the American people, and that efforts to strengthen and extend international organization, cooperation and control of matters which are international in their scope should be undertaken within the framework of the United Nations and on the basis of undivided support of that organization.
Resolved Further, That the American Bar Association urges that lawyers and other citizens shall do all they can in their home communities to maintain an informed public opinion in favor of working through the United Nations for accomplishing the great objectives of the Charter and the Statute of the International Court of Justice.
IV
Resolved, That while the American Bar Association has recognized and urged, at the time of the adoption and ratification of the Charter in 1945 and since, that strengthening amendments in several respects will be needed and should be considered in the light of experience, the Association respectfully submits to the Delegation of the United States in the General Assembly of the United Nations the Association's opinion that at the present juncture there is an especial need that, through agreed-on interpretations of the Charter in the procedural rules or through the formulation and adoption of specific amendments of the Charter if need be, it shall be assured that two-thirds or other substantial majority of the nations which wish to submit themselves to the rule of law and accomplish the pacific settlement of international disputes can take effective action against aggression and do so within the procedures of the United Nations, beyond the power of a minority to "veto" and prevent the action of such a majority in these respects.
Resolved Further, That although the American Bar Association hopes that all members of the United Nations will accede to the principles of effective action by substantial majorities, such as have lately been accepted by nineteen republics of this hemisphere, all of which are members of the United Nations, the Association respectfully submits to the Delegation of the United States in the General Assembly the Association's considered opinion that any such amendments, if proceeded with, should be specific and sufficient to accomplish the above-stated purpose, and that consideration should be given to so conditioning their submission for ratification as to make clear the intention of the ratifying members to put them into effect between themselves if and when they are ratified by at least two-thirds of the member States.
V
Resolved, That the American Bar Association expresses the keen interest of its members in the proposed International Trade Organization and its proposed Charter, to be given final form and approval at a conference to convene in Havana, Cuba, on November 21; and the Association recommends that when copies of the proposed Organization and Charter become available, the same should be studied carefully and thoroughly by the Congress and the people of the United States, and also reported on to the House of Delegates by the Section of International and Comparative Law, the committee on Commerce, and the Committee for Peace and Law Through United Nations, as hitherto directed by the House.
Resolved Further, That the American Bar Association is of the opinion that if the final form of the Organization and Charter would place binding obligations on its members, the membership of the United States in the Organization and Charter should become effective only when the same are submitted by the President and ratified by the Senate as a treaty; and in view of the effect of prospective provisions upon American tariffs, reciprocal arrangements, and financial obligations, only when approved also by the House of Representatives of the United States.
VI
Resolved, That the American Bar Association is of the opinion that the foreign policy of the United States should continue to be in all respects developed, decided and unitedly supported, without division on party lines or regard for differences on other
issues; and that the members of the Association should to that end cooperate in bringing about in their respective communities informative public discussions of all questions entering into the foreign policy of our country, and should take the lead in behalf of an informed and united support of that policy.
Resolved Further, That the American Bar Association endorses and supports the action of the Government of the United States in giving assistance to the Government of Greece, in the exercise of the right of the United States under Article 51 of the Charter to take individual and collective action in defending against an armed attack upon a member of the united Nations.
Resolved Further, That the American Bar Association endorses and supports in principle the proposal of the Government of the United States that the nations of Europe which need financial and other assistance from the United States in the restoration of their economy and the maintenance of their governments against aggressions and infiltrations shall first mobilize their own resources in helping themselves and each other and shall establish their own organized means of cooperating with each other for the removal of trade barriers and for the maintenance of united action by themselves against aggression and propaganda from outside their border; and that the extent of the financial needs of such nations and the extent of their cooperation in such a policy shall be ascertained and made known, before the United States undertakes commitments.
VII
Resolved, That officers of the American Bar Association are authorized to transmit copies of the above resolutions when adopted or of such of them as may be appropriate, to officials and committees of the United Nations, to officers of the Government of the United States, to members of the Senate and House of Representatives, and to other associations and organizations with which this Association is cooperating, including all organizations represented in the House of Delegates.
REPORT
The matters covered by our recommendations have been so closely followed by American lawyers that this report will be brief. Their background has been from time to time reported to the members of our Association through its Journal.
The matters dealt with are of the utmost importance to all the people of our country and of the world. The General Assembly of the United Nations re-convened in New York City on September 16, for sessions which seem likely to be decisive as to the future of the existing international organization. The present prospect is that the Congress of the United States will be called in special session in November or December to make decisions on new and urgent phases of the foreign policy of our country and authorize action to effectuate that policy.
Under the conditions existing in the world today, your committee is of the opinion that its recommendations, and the action of our Association through the House of Delegates should be only such as will support and assist those who, in our
Government and in the United Nations, are working earnestly for peace and law, and will help to unite, not divide, American public opinion.
Against the background of a troubled and troubling world, two heartening events of the present month are first noted:
1. At Rio de Janeiro, Brazil, on September 2, the representatives of the Governments of all the American republics, who constitute more than one-third of all of the members of the United Nations, agreed upon, and nineteen of them signed and the two others will sign, the Inter-American Treaty of Reciprocal Assistance, significant provisions of which are referred to in our recommendations Nos. 1 and 4 and are hereinafter briefly discussed.
2. The General Assembly of the United Nations has on its calendar for action during its current sessions, the comprehensive report and recommendations of the distinguished committee which it created last December to formulate and submit definitive plans for the progressive development, and the eventual codification, of the rules and principles of international law, in a form and content adapted to the needs of the post war world. For members of our Association who long have worked earnestly for such an objective, this further progress toward the definitive formulation of international law under the authority of the United Nations is an encouraging step at a time when many other advances seem to be stalled.
Law Abiding Nations and Submission to the Rule of Law
Your committee has felt the need for a phrase of characterization that can be used in place of "peace-loving Nations," to denote those governments and peoples which are willing to submit themselves to the rule of law in international affairs and conform to it. Secretary Hull's "peace loving nations" of the 1943 Moscow Conference and Declaration will not do. All nations claim to be "peace loving," and all or most of them are- some of them only on their own terms. "Law-abiding nations" may be the best phrase. Its appropriation from internal, community life is apt. What is meant by a law-abiding citizen of a city or town is well known. The individual who breaks the peace or considers himself above the law is readily found out. To "abide" the law and legal procedures and not to take the law and one's claimed rights into one's own hands is a good English phrase and a recognized test.. In world affairs, the law-abiding nations are:
1. Those which believe that peace, freedom and security can be secured best (and probably only) through the rule of law.
2. Those which wish and intend, in a cooperative spirit and through their chosen representatives, to formulate, establish and support the supremacy of rules and principles of law, orderly adjudication, and impartial enforcement.
3. Those that by their agreements and their acts stand pledged to abide by and conform to the laws which majorities have duly established after the views of majorities and minorities have been democratically expressed and duly considered.
The law-abiding citizen of a community does not insist or expect that his disputes or rights shall be settled by "negotiations" or by political support from the powerful or
by discussions at the political level. He instinctively and by habit obeys the law as he understands it to be : if disagreement or dispute as to it arises, he goes to court and abides the decision.
The policeman who finds a bully beating up a little man does not ask for debate: "Is his aggression justified?" He asks only: "Is there a law against it?" If he thinks there is, he stops the attack, hales the aggressor or both parties to court, and lets the law and the judge decide.
So it should be with nations. The international community should become law-abiding. The chairman of your committee has made some check as to whether "law-abiding" has similar connotation in the community life of Canada and Great Britain. Like understanding seems to prevail.
The Charter of the nations entrusts the development and codification of international law to the General Assembly. That body is at work on that task. Progress in the Assembly cannot be blocked by any "veto." For an authoritative body of jurisconsults to state and declare international and world law will give it great weight and force, will make it a standard to which law-abiding nations will repair. To give it binding force in the sense that domestic legislation is law will be a second step, but hardly difficult on the part of nations that are minded to pledge themselves to abide the rule of law.
Your committee submits the following brief comment on its principal recommendations:
RECOMMENDATION No. 1:
AS TO THE INTER-AMERICAN TREATY OF RECIPROCAL ASSISTANCE
Nineteen American republics, (1) constituting more than one-third of the status in the British Commonwealth of Nations, the Dominion of Canada did not take part in the Conference or sign the Treaty, but provision was made for its accession or cooperation, if Canada so desires and decides. In any event, Canada and the United States have for many months been taking practical steps for the defense of North America against attack, and have long resorted to friendly and peaceful means of settling whatever disputes or problems arise between them.
Of far reaching importance is the fact that the Treaty of Rio de Janeiro contains a clear definition of elementary acts of aggression which are outlawed in advance and are not left to ex post facto debate and political action subject to the "veto," as is the case in the Charter of the United Nations. A further gain is the recognition and specific and basic averment that "the American regional community affirms as manifest truth that juridical organization is a necessary prerequisite of security and peace and is founded on justice and moral order" (Preamble).
In this and other respects, the significance of what has been accomplished by the nations of the Americas may well be commended at this time to the American Delegation in the United Nations and to the world. The principles, purposes, and practical effectiveness of the Charter have been assured as to the Western Hemisphere. What has been amicably agreed on and done here to outlaw war of
aggression, assure the settlement of disputes by juridical or other peaceful means, and provide for the common defense against attack, exemplifies what can be done under the Charter. That more than one-third of the members of the United Nations bind themselves to accept decisions by a two-thirds vote on actions within that specific and limited field, with out a "veto" power on the part of any nation, 'may be also a hopeful augury as well as example. The sole limitation on collective action so determined is that no nation "shall be required to use armed force without its consent" (Treaty, Article 20), by its vote or otherwise.
The Treaty may thus offer an opportunity, in that it denotes the support of the United States and other members of the United Nations, in this hemisphere, for principles which might solve some of the major difficulties under the Charter. No nation will be obligated to participate in sanctions of a military character unless it has voted for that or otherwise consented. One of the reasons urged for granting and retaining the "veto," for the five principal powers, has been that the United States should not put itself in a position where it might be called on to furnish and use, without its own consent, its armed forces to enforce non-unanimous decisions.
Your committee recommends that the Association favor the speedy ratification of the Treaty. (3)
RECOMMENDATION No. 2:
AS TO THE INTERNATIONAL LAW COMMISSION AND THE PROGRESSIVE DEVELOPMENT OF INTERNATIONAL LAW
The report of the General Assembly's committee, as submitted to the members of the United Nations and now pending before the General Assembly at Flushing Meadows, as summarized in the July JOURNAL (33 A.B.A.J. 727-730 (1947) and published in full in the August JOURNAL (33 A.B.A. J. 831-835 (1947)
The recommended task is to be entrusted in the first instance, as our Association recommended in 1945, before the San Francisco Conference (31 A.B.A.J. 227-228; May, 1945) and again to the State Department in May of 1947 (33 A.B.A.J. 728; July, 1947), to an International Law Commission of fifteen specially qualified jurists and jurisconsults who will be nominated by the member nations on a basis which will tend to assure that none will name only its own nationals. (4) They will be elected by the General Assembly and the Security Council, in the same manner as judges of the International Court of Justice are elected (4) this also as recommended by our Association (31A.B.A.J. 227-228; May, 1945).
A statement or codification of the principles and rules of present-day international law, prepared and issued under the auspices of a body elected in a manner similar to that in which the members of the World Court are elected, would have great authority and influence among states which were willing to submit themselves to the rule of law in the international sphere, irrespective of its adoption and promulgation as a unilateral agreement having a binding legal force.
Your committees' recommendation extends an assurance of our Association's cooperation with the International Law Commission and the Secretariat, if the International Law Commission is created. In assistance to that work and in order that submissions by our Association in cooperation with The Canadian Bar Association shall reflect the considered opinion of lawyers in all parts of the two countries, it is expected that the regional group conferences under the auspices of the two bar associations will be resumed before the year ends. Eight such conferences in the series were held in March through May (33 A.B.A.J. 562(1947).
RECOMMENDATION No.3:
AS TO UNITED AMERICAN SUPPORT FOR THE UNITED NATIONS AND FOR WORKING THROUGH THE UNITED NATIONS TO STRENGTHEN IT
Our Association has repeatedly declared for united, undivided support of the United Nations and its Charter by the American people. Such a declaration is opportune and well justified at this juncture. "Fidelity to the United Nations" was declared by President Truman at Rio de Janeiro to be the cornerstone of American policy. It has profoundly affected and changed that policy, in that organized cooperation with other nations has become a primary objective.
Up to the present time, the United Nations has been in more than a few respects less effective that had been fondly hoped when the Charter was signed. Perhaps too much was expected of it too soon, by some; the machinery and procedures for consultations and organized cooperation cannot of themselves make all nations law-abiding or instill immediately a purpose to get along together amicably despite conflicting ideologies.
Memories may be short-lived. Probably good-will and a spirit of understanding and cooperation are more manifest today among more nations than was the case during the first ten or more years after World War I. Even in the conspicuous and highly provocative controversies in which the United Nations has appeared to make little or no headway in the absence of its General Assembly, many observers have felt that the aggravations were less acute because the disputants were face to face and around a table, and had to state and argue their claims in as friendly an atmosphere as could be created.
Beyond a doubt, the rift between the East and the West has thus far created serious obstructions, which existing procedures and powers have not overcome, But the United Nations provides the only forum in which the spokesmen for the two "spheres" are continually brought together; for discussion which is amicable in spirit although animated and at times divisive. Especially in view of what has recently been accomplished under the Charter and within the framework of the United Nations, your committee is of the opinion that efforts to strengthen the Charter and extend the effectiveness of international organization and cooperation should in any event go forward on the basis of supporting the United Nations rather than of abandoning or rejecting the existing international organization.
RECOMMENDATION NO. 4:
AS TO AMENDMENTS OF THE CHARTER OF THE UNITED NATIONS
The General Assembly is in session in New York City. Before its present convocation ends, the proposal of amendments of the Charter seems certain to receive the consideration of leaders and delegates in that "town meeting of the world."
Ever since the signing and ratification of the Charter in 1945, our Association has been of the opinion that strengthening amendments will be needed and should be sought as experience made it advisable. At the appropriate time, if the United States Delegation in the Assembly indicates that the judgment and recommendations of our Association are desired or will be considered, your committee will be prepared to submit specific suggestions.
At the present time, your committee is of the opinion that action by our Association will not advisably go beyond the recommendations which accompany this report. The Treaty between the American republics which comprise more than one-third of the members may open or point way to interpretations or amendments which will enable prompt and effective action by a two-thirds vote or other substantial majority. The Charter's requirement of unanimity of action among the five nations having permanent representation in the Security Council has given to serious problems. (5) More than a third of the members of the United Nations, including the United States have agreed that no such "veto" is needed among any of the nations of this hemisphere, in fulfilling the paramount purposes of the Charter.
It should of course be recognized that the "vetoes" interposed have been within the rights of the principal powers under the Charter. No claim that they violated the provisions of the Charter could be made. On the other hand, many of them are regarded as violating both the spirit and the letter of the assurances which the five principal powers gave at the San Francisco Conference, as to the extent and purposes for which they would use the veto. (6)
Certainly the San Francisco Conference determined and declared that if a "veto" was interposed as an amendment of the Charter desired by the great majority of the member nations, that majority was not to be without remedy. (7)
The expressed attitude of the United States, before, and during the first days of the meeting of the General Assembly, is that (8) "We are not unalterably opposed to every proposal for a revision of the Charter although we believe that there is at the present time no need for major revisions of the Charter or for a change in the general character of the United Nations.
"Many articles of the Charter have not yet been brought into play and given life and meaning by practical application. None of the principal organs have as yet fully exerted the authority and influence which are possible under the existing Charter. The members themselves as represented in the General Assembly have by no means exhausted the potentialities of the Charter in finding ways and means of overcoming obstruction and of meeting their common problems While we might be willing to accept certain amendments to the Charter, we believe that rapid progress can be made in the immediate future within the general framework which we now have and we shall ourselves make proposals for utilizing more fully existing machinery."
The nature and scope of the proposals by the United States to fulfill "the potentialities of the Charter," to find "ways and means of overcoming obstruction," and to accomplish "rapid progress". . . in the immediate future within the general framework which we now have," have not been made public at this writing. (9) Basically, they seek the strengthening of the General Assembly to an extent that its present session "may begin a new phase in the life of the United Nations." Said Secretary Marshall:
"The General Assembly is the forum in which this skepticism must be forestalled and the forum in which our disagreements must be resolved. The great moral and political forces of the world must somehow be brought to bear with full effect through the General Assembly."
The American proposals will doubtless include all or most of those which Delegate Herschel V. Johnson informally submitted to the Security Council on August 27, to show the extent to which agreed-on clarifications and amendments of the Council's procedural rules could remove obstacles to effective action, without amendment of the Charter. (10) If these changes had been in effect, they would not have barred the "vetoes" which have been interposed.
Another proposal favored by some nations is that, through agreement or through amendment of the Charter if need be, the "veto" shall apply only to sanctions and enforcement measures by the Security Council and shall not apply to steps for fact-finding and the peaceful settlement of disputes. This change would have barred all or most of the "vetoes" which have been blocking action for investigations and efforts to settle disputes.
If amendments of the Charter are not proceeded with and the law-abiding nations have to consider and decide as to what individual and collective action they can agree on and take, within the framework of the Charter and pursuant to its Article 51, a considered suggestion has been made for a supplementary agreement or protocol for mutual defense against defined aggression, to be effective among the ratifying nations when two-thirds of them have ratified. (11)
All but one of the members of your committee are of the present opinion that such amendments as may be developed and decided on by the General Assembly shall be submitted under Article 108 of the Charter for ratification and that a General Conference under Article 109 should not be called at this time, for the drafting of amendments. A possible alternative or compromise, in the event that the General Assembly is of the opinion that the formulation of amendments should be considered but that its calendar for its present regular session is too heavy and congested, has been suggested, to the effect that the General Assembly vote to meet in special session early in 1948 to consider amendments, any proposals for amendment to be filed with the Secretary-General in advance and by him circulated among the member nations. This would be in lieu of the calling of a Conference under Article 109, which would as a practical matter be made up of substantially the same persons as are delegates to the General Assembly.
Your committee does not at this time pass upon any of these proposals as such. The amendments previously recommended by the House of Delegates are along lines which appear to be worthy of consideration now. There is every prospect that the
whole subject will be spiritedly and thoroughly considered in conferences of the delegations and on the floor of the General Assembly. An important objective is that the power of the great majority of the member nations to act together to outlaw war, prevent and punish aggression, and provide for the peaceful settlement of pro-vocative disputes, shall be assured beyond doubt. In the opinion of many observers, the present critical issues among the nations go much deeper than anything that could at present be coped with through amendments of the Charter.
RECOMMENDATION No. 5:
AS TO THE PROPOSED INTERNATIONAL TRADE ORGANIZATION AND ITS CHARTER
Because rehabilitation of the world's shattered economy and the relief of peoples from hunger, want, unemployment and despair are essential to the restoration of lasting peace and the rule of law, American lawyers are naturally interested in proposals to deal with international economic problems and those of international trade and commerce through cooperative action under the auspices of an agency of the United Nations. The provisions of a Charter creating and implementing such an international Trade Organization may also have important effects on industry and commerce, in respects which are of interest and concern to lawyers. (12)
Considerable preparatory work as to the Charter of the proposed International Trade Organization has been done at a conference in session in Geneva, Switzerland, since April; but the Charter will be given its final form in a Conference to be convened in Havana, Cuba, on November 21. The form in which the draft Charter will emanate from the Geneva Conference is not yet available for study by your committee, It is known that the document has been largely changed from the form in which it was taken to Geneva, after a few hearings in this country.
The House of Delegates asked your committee, along with the Committee on Commerce and the Section of International and Comparative Law, to study and report to the House concerning the International Trade Organization and its proposed Charter.
Under these circumstances, your committee is of the opinion that it would plainly be premature for the committee or the House at this time to pass upon any phases of the International Trade Organization or its proposed Charter. Present action by the House of Delegates may appropriately, in the opinion of your committee, call the attention of the profession and the public to the importance of the subject, recommend a careful study of the Charter when copies of it are available, and declare in favor of its being submitted for ratification by the Senate as a treaty, and for action upon it also by the House of Representatives, for reasons indicated in our submitted resolution.
Because of their large relationships to tariffs, revenues, and other fiscal matters, as well as their probable legislative consequences, the projected provisions of the Charter appear to be such as to come within the intent and practice under the Constitution that the House of Representatives shall act as to such matters.
RECOMMENDATION No. 6:
AS TO THE FOREIGN POLICY OF THE UNITED STATES
Our first resolution is for a re-affirmance of our Association's stand that the foreign policy of the United States should be developed, decided on, supported and carried forward, by a United country, without division on party lines. (13)
Our second resolution proposes support of the action of our Government in giving assistance to the Government and people of Greece, under Article 51 of the Charter; Your committee believes that this basic feature of our country's policy should have the endorsement of our Association and the support of the American people. (14)
Our final resolution as to foreign policy proposes to declare support for stated basic principles which are believed to be fundamental for a soundly-conceived plan for the economic rehabilitation of the shattered economy of Europe, for our own protection against aggressions and infiltrations which might otherwise come so near our shores and "region" as to menace all nations of the America. The basic principle underlying American assistance in money, food, farm equipment, fertilizer, and other essentials of a free economy, shall be that the free nations of Europe shall first organize and cooperate to help themselves and each other, on the hard road back to stability, independence, solvency and peace.
In the opinion of a majority of your committee, the "Marshall Plan" has not yet at this writing been given sufficiently definite and particularized form to enable or warrant a declaration approving it as such and by name. But it seems to be highly essential that the organized bar, and individual lawyers throughout our country, shall do all they can to bring it about that the principles and reasons underlying the American policy toward Europe shall be understood and approved by the people. Resolutions which declare and endorse the vital principles may serve this purpose better than an endorsement by name of a plan which has not yet been published in a definitive form.
THE SECOND REPORT BY THE COMMISSION AS TO INTERNATIONAL CONTROL OF ATOMIC ENERGY
Action by the United Nations for effective international control of the production and use of atomic energy for war purposes is still "stalled" by the attitude of the Soviet Union. The second report of the United Nations Atomic Energy Commission, created by the General Assembly at its organizational session in London in February of 1946, was filed this month. A definitive plan supported by the Nations, including the United Kingdom, France, China and the United States, was approved by the votes of ten members of the Commission and transmitted to the Security Council.
Russia voted against it and gave notice on September 6 that it would not waive the "veto" when the report comes before the Security Council.
Poland protested the report but "abstained" from voting against it in the Commission. The "sticking-point" is that the Soviet Union insists that only the Security Council shall decide all questions of sanctions, enforcement, etc., as to violators of the proposed convention for prohibition or control of atomic weapons in war, and insists further that there be no waiver or modification of its "veto" power in the council as to action against violators. (15)
This all-important issue will thus be blocked in the Security Council, but will receive spirited consideration at some stage of the crucial session of the Assembly.
Proposals have been made that the nations which are willing to submit themselves to international control and to international and world law on the subject shall proceed with their convention and give all ratifying nations its benefit and protection.
Your committee reports that in view of the pressure of urgent business before the Senate of the United States at the short session of the Congress which adjourned on July 26, no efforts were made by your committee to obtain the introduction and passage of a Senate resolution for an amended or superseding American Declaration. to eliminate the Connally reservation as to American acceptance of the "optional" jurisdiction of the World Court. Such action by the Senate was recommended by the House of Delegates at its February session on the recommendation of your committee. (see 33 A.B.A.J. 249, 4O0-4O1, 430 (1947).
Several members of the Senate expressed their interest in the subject and their attention to initiate corrective action at an opportune time.
In conclusion, your committee calls special attention to the declarations in several of its resolutions, as to the need that lawyers everywhere shall do all they can to aid the development of public understanding of the issues involved and an informed public opinion in support of our country's policy in foreign affairs.
Respectfully Submitted
WILLIAM L. RANSOM, Chairman
King Alfred Plan...REX 84
KING ALFRED*In the event of widespread and continuing and coordinated racial disturbances in the United States, King Alfred, at the discretion of the President, is to be put into action immediately.
PARTICIPATING FEDERAL AGENCIESNational Security CouncilDepartment of JusticeCentral Intelligence AgencyDepartment of DefenseFederal Bureau of Investigation
PARTICIPATING STATE AGENCIES(Under Federal Jurisdiction)National Guard UnitsState Police
PARTICIPATING LOCAL AGENCIES(Under Federal Jurisdiction)City PoliceCounty Police
Memo: National Security Council
Even before 1954, when the Supreme Court of the United States of America declared unconstitutional separate educational and recreational facilities, racial unrest and discord had become very nearly a part of the American way of life. But that way of life was repugnant to most Americans. Since 1954, however, that unrest and discord have broken out into widespread violence which increasingly have placed the peace and stability of the nation in dire jeopardy. This violence has resulted in loss of life, limb and property, and has cost the taxpayers of this nation billions of dollars. And the end is not yet in sight. This same violence has raised the tremendously grave question as to whether the races can ever live in peace with each other. Each passing month has brought new intelligence that, despite new laws passed to alleviate the condition of the Minority, the Minority still is not satisfied. Demonstrations and rioting have become a part of the familiar scene. Troops have been called out in city after city across the land, and our image as a world leader severely damaged. Our enemies press closer, seeking the advantage, possibly at a time during one of these outbreaks of violence. The Minority has adopted an almost military posture to gain its objectives, which are not clear to most Americans. It is expected, therefore, that when those objectives are denied the Minority, racial war must be considered inevitable. When that emergency comes, we must expect the total involvement of all 22 million members of the Minority, men, women, and children, for once this project is launched, its goal is to terminate, once and for all, the Minority threat to the whole of the American society, and indeed, the Free World.
Chairman, National Security Council
Preliminary Memo: Department of Interior
Under King Alfred, the nation has been divided into 10 regions. In case of Emergency, Minority members will be evacuated from the cities by federalized national guard units, local and state police and, if necessary, by units of the Regular Armed Forces, using public and military transportation, and detained in nearby military installations until a further course of action has been decided.
1 - Capital Region2 - Northeast Region
3 - Southeast Region4 - Great Lakes Region5 - South Central Region6 - Deep South Region7 - Deep South Region II8 - Great Plains, Rocky mountain Region9 - Southwest Region10 - West Coast Region
No attempt will be made to seal off the Canadian and Mexican borders.
Secretary, Department of Interior* 849-899 King of England who slaughtered thousands under the disguise of protecting the European religion of Christianity. As a result he was revered as one of the most noble Kings in the history of England.
Combined Memo: Department of JusticePreliminary Memo: Federal Bureau of Investigation & Central Intelligence Agency
There are 12 major Minority organizations and all are familiar to the 22 million. Dossiers have been compiled on the leaders of the organizations, and can be studied in Washington. The material contained in many of the dossiers, and our threat to reveal that material, has considerably held in check some of the leaders. Leaders who do not have such usable material in their dossiers have been approached to take government posts, mostly as ambassadors and primarily in African countries. The promise of these positions also has materially contributed to a temporary slow-down of Minority activities. However, we do not expect these slow-downs to be of long duration, because there are always new and dissident elements joining these organizations, with the potential power to replace the old leaders. All organizations and their leaders are under constant, 24-hour surveillance. The organizations are:
1 - The Black Muslims2 - Student Nonviolent Coordinating Committee (SNCC)3 - Congress of Racial Equality4 - Uhuru Movement5 - Group On Advanced Leadership (GOAL)6 - Freedom Now Party (FNP)7 - United Black Nationalists of America (UBNA)8 - The New Pan-African Movement (TNPAM)9 - Southern Christian Leadership Conference (SCLC)10 - The National Urban League (NUL)11 - The National Association for the Advancement of Colored People (NAACP)12 - Committee on Racial and Religious Progress (CORARP)
NOTE: At the appropriate time, to be designated by the President, the leaders of some of these organizations are to be detained ONLY WHEN IT IS CLEAR THAT THEY CANNOT PREVENT THE EMERGENCY, working with local public officials during the first critical
hours. All other leaders are to be detained at once. Compiled lists of Minority leaders have been readied at the National Data Computer Center. It is necessary to use the Minority leaders designated by the President in much the same manner in which we use Minority members who are agents with Central and Federal, and we cannot, until there is no alternative, reveal King Alfred in all its aspects. Minority members of Congress will be unseated at once. This move is not without precedent in American history.
Attorney GeneralPreliminary Memo: Department of Defense
This memo is being submitted in lieu of a full report from the Joint Chiefs of Staff. That report is now in preparation. There will be many cities where the Minority will be able to put into the street a superior number of people with a desperate and dangerous will. He will be a formidable enemy, for he is bound to the Continent by heritage and knows that political asylum will not be available to him in other countries. The greatest concentration of the Minority is in the Deep South, the Eastern seaboard, the Great lakes region and the West Coast. While the national population exceeds that of the Minority by more than ten times, we must realistically take into account the following:
1 - An estimated 40-50 percent of the white population will not, for various reasons, engage the Minority during an Emergency.2 - American Armed Forces are spread around the world. A breakout of war abroad means fewer troops at home to handle the Emergency.3 - Local law enforcement officials must contain the Emergency until help arrives, though it may mean fighting a superior force. New York City, for example, has a 25,000 man police force, but there are about one million Minority members in the city.
We are confident that the Minority would hold any city it took for only a few hours. The lack of weapons, facilities, logistics --- all put the Minority at a final disadvantage.Since the Korean War, this department has shifted Minority members of the Armed Forces to areas where combat is most likely to occur, with the aim of eliminating, through combat, as many combat-trained military servicemen as possible. Today the ratio of Minority member combat deaths in Vietnam, where they are serving as “advisors,” is twice as high as the Minority population ratio to the rest of America. Below is the timetable for King Alfred as tentatively suggested by the JCS who recommend that the operation be made over a period of eight hours:
1. Local police and Minority leaders in action to head off the Emergency.2. Countdown to eight hours begins at the moment the President determines the Emergency to be:a. Nationalb. Coordinatedc. Of Long Duration (8th hour)3. County police join local police (7th hour)4. State police join county and local police (6th hour)5. Federal marshals join state, county, and local forces (5th hour)6. National guards federalized, held in readiness (4th hour)
7. Regular Armed Forces alerted, take up positions; Minority troops divided and detained,along with all white sympathizers, under guard (3rd hour)8. All minority leaders, national and local detained (2nd hour)9. President addresses Minority on radio-television,gives it one hour to end the Emergency (1st hour)10. All units under regional commands into the Emergency (0 hour)“0” Committee Report:
Survey shows that during a six-year period, production created 9,000,000 objects, or 1,500,000 each year. Production could not dispose of the containers, which proved a bottleneck. However, that was almost 20 years ago. We suggest that vaporization techniques be employed to overcome the production problems inherent in King Alfred.(The “0” Committee Report is referring to the problems that occurred in Nazi Germany when the furnaces were not hot enough to burn the bodies that Hitler had killed. The bodies clogged up the furnaces thereby causing a problem that the above committee recommends avoiding by building high-volume (nuclear-powered) incinerators that burn 5,000 degrees. It should be noted that steel melts at approximately 2700 degrees!)
Note: Dr. Ray Hagin (Pastor and Professor at the Afrikan Village Center in St. Louis, Missouri).
