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ELSMAN, YOUNG & O’ROURKE,

Detroit, Mich., April 30, 1975. Re U.N. Charter review hearings. Senator John SPARKMAN, Chairman, Senate Committee on Foreign Relations, Senate Office Building, Washington, D.C.

DEAR SENATOR SPARKMAN: I would like to be considered to give testimony at the above hearings. I'm a private lawyer with a rather “establishment” background who is concerned that the U. S. is not exerting enough leadership in promoting a regulated world under law. Such void allows many of the observable world conflicts and tragedies we read about to go on-and-on, when, I believe, creative men can build a better structure. U. N. Charter Reform is the best means, it seems to me.

In the course of my concern, I tried my hand at a proposed World Constitution which I enclose herein. It has had considerable circulation amongst lawyers around the world.

My Martindale-Hubbell biographical sketch is enclosed for your information.

Please let me know if and when you desire my testimony. Please respond to the Birmingham address underlined above. Best wishes in your important work, Very truly yours,

JAMES L. ELSMAN. [Enclosure is on file with the Committee.]

STATEMENT OF ROBERT Y. GROMET, M.D., CHAIRMAN, NORTH AMERICAN GROUP,

WORLD FEDERAL AUTHORTY COMMITTEE

We humans have less than 9 years left to us to create a new government to be placed over the governments of the individual nations. If we fail to do this, George Orwell's "1984" will arrive, and we will all become like ants or robots under the several “Big Brothers" who will be the totalitarian rulers of the few super-powers which will rule the whole earth. Everybody will be equal, but of course some will be more equal than others. Human liberty will be dead, private thoughts will be manipulated by drugs in the water supply, and intimate actions of individuals will be under covert surveillance.

In today's world, traditional foreign policy, which is based on "power politics," can no longer be effective, because of many developments which have made such policy, strategy, and tactics, as dead as the extinct dodo. Some of these existing and expanding phenomena and situations are:

1. Intercontinental ballistic missiles carrying hydrogen bomb warheads, which can traverse 3 or 4 thousand miles in 15 minutes, and can wreak instantaneous destruction of people by the tens of millions, annihilate whole cities with their thousand-square-miles of suburban areas, and even of all plant and animal life on earth, through their delayed radiological effects.

2. Pollution of air, land and sea, not only as a result of the possible Armageddon just mentioned, but through cumulation of radioactive poisons consequent to testing of atomic and thermonuclear weapons by ever-increasing numbers of nations, ever third-rate in size. Also, ordinary types of pollution due to industrial waste-products are of course large dangers, with alarming growth-rates.

3. Overpopulation of the world in relation to supplies of available foods. Huge birth-rates contribute seriously to this peril.

4. Guerrilla, anarchist, and terrorist attacks arising in one country and invading another, as well as hi-jacking of airplanes, sending explosives to other countries through the postal services, fomenting revolutions and civil wars for ulterior purposes, and similar lawless activities.

5. Monopolistic control of natural resources such as oil, accompanied by financial and commercial pressures of such proportions on other nations, as in effect to be practically equivalent to "blackmail”.

6. Hazards attendant on competitive exploitation of undersea oil and mineral wealth.

7. Numerous other international situations and problems, each laden with its own kind of threat to world peace, economic justice, financial stability, industrial

development, health, liberty, individual human rights, and cultural protection and growth.

Modern airplane transportation, and instantaneous world-wide distribution of news by television and radio, utilizing extra-terrestrial earth-satellites, have made people in even the remotest sections and countries of the “Third World," ambitious to share in the wealth and conveniences of the industrialized countries, which seem fantastic in amount and character, when these peoples compare them with their own “have-not" status. There is a revolution of rising expectations growing throughout much of the world. The Chinese have an ancient saying, which goes something like this: "When the rich are too rich, there is way; and when the poor are too poor, there is a way."

Unless the "have” nations learn to assist these expectations, with more than token efforts, and at the same time cope with the hindrances standing in the way of appropriate development of the under-privileged nations, while continuing to guide the latter into equitable, peaceful and lawfully regulated channels, for which supra-national government of the world is necessary, calamities of horrible dimensions to all humanity will follow one upon the other, as recently predicted in Orwell's “1984.” On the other hand, over a hundred years ago the poet Alfred, Lord Tennsyon, predicted in his poem, "Locksley Hall,"

"Till the war-drum throbb'd no longer,

And the battle-flags were furled
In the Parliament of man, the Federation

of the world.” In the Bible over two thousand years ago the prophet Isaiah predicted in Chapter 2, verse 4,

"And they shall beat their swords into ploughshares,
And their spears into pruning hooks ;
Nation shall not lift up sword against nation,

Neither shall they learn war any more." These are concepts of a religious nature, as well as of practical necessity, if humankind is to survive. Practically all the religions of the world preach this same basic message. If we, the human community or extended family, fail to comply, we shall be doomed, if not to actual extinction, then to a life no better than that of the insects.

The essential elements of a government placed above national governments, according to numerous qualified investigators, embrace the following:

A Constitution or Charter, creating a government, not a Confederation, league, treaty organization, or falsely named “Union,” but a dynamic authority or organism in being, functioning with adequate powers, duties, financing, taxing power, and support, to achieve the following purposes :

Prevention of war, termination of military actions or naval blockades, dis. armament, protecting victims of aggression, settling of international quarrels and disputes, fostering of human rights, economic and social justice, relieving disasters; cultural security industrialization, equitably regulating world trade and currency exchange, protecting the ecology, and doing things individual national governments cannot effectively achieve unilaterally.

A Legislature, empowered by the Constitution or Charter to pass laws in specified domains which are binding on national governments, all corporations, and all individuals (who will be citizens of the new world super-nation created by this process).

The members of the Legislature must represent constituencies or districts based on size of population, with variations accounting for levels of literacy and Civilization. The Legislature probably should consist of more than one chamber, with representation of national governments in one Chamber or House. The Legislature shall have power to override an Executive Dept. veto, if such be existing or created.

Courts with compulsory jurisdiction.

An Executive Dept. which shall enforce the laws, act to prevent or terminate aggressions, blockades, invasions or wars; and administer the Specialized Agencies such as those now present in the United Nations.

To those who say such a democratically controlled federal type of world government has never existed, and never will exist, let us echo the words of the late Senator Robert Kennedy, “Why not?” In fact, our own country's history shows that federalism was put into practice here when the original weak Articles of Confederation were replaced by our present Constitution, in 1787. Carl Van Doren's book on this subject is entitled "The Great Rehearsal," indicating that the American Constitutional Convention in Philadelphia in 1787 was a rehearsal for a future World Constitutional Convention. In this United States bicentennial year of 1975, it would be specially appropriate for the U.S. to initiate some type of action toward the world goal indicated by Van Doren's book and title.

In all likelihood, it would not be necessary to have a completely new Constitution created, as comprehensive revision and amendment of the existing Charter of the United Nations can serve the same purpose. Several authoritative books on this subject, giving word-by-word complete texts of the Charter as now existing, and also as revised according to the authors' concepts, are in existence, as well as numerous texts of completely new Constitutions or Charters. The literature on this subject is voluminous, and documentations and bibliographies are in existence, going back to the 13th century and earlier.

Although the UN Charter calls for a charter review conference every 10 years, this has never been done to date. However, recently for the first time the UN created an Ad Hoc Committee to meet in late July and August 1975, to consider suggestions for Charter Review. The U.S. Mission unfortunately voted against the motion, but it was carried by affirmative vote of 82 nations, mostly from the “Third World." There will also be held an unofficial Parallel United Nations Charter Hearing (“P.U.N.C.H.") as a result of a decision of the Seminar on World Government held in N.Y. City on April 12, under sponsorship of the monthly newspaper, World Peace News. This “Punch" will have sponsorship of many organizations concerned with these problems, and will convene directly following the World Citizens Assembly, which meets in San Francisco July 20 to 25. At that Assembly, our organization, North American Group of W.F.A.C. (World Federal Authority Committee) will conduct workshops on composition of proposed World Constitutions.

WRAO is an international body whose chairman is Dr. Max Habicht of Switzerland, and whose Secretary-General is Attorney Aake Anker-Ording, with an office in Oslo, Norway. These gentlemen, as well as the members of the Executive Committee, from nations on various continents on the earth, have been engaged in these endeavors for many decades. The purpose is to create an International Institute for Documentation and Research on a Democratically-Controlled World Federal Authority, in cooperation with national governments and with the support of individuals and foundations in all countries. WFAC has already received grants of money from the governments of Norway, Denmark and West Germany. Because of the length of the official name of the proposed Institute, the undersigned has created an acronym for it, namely, “Indarwa" (Institute Documentation and Research World Authority).

In conclusion, we respectfully request that the Committee on Foreign Relations consider the following suggestions for appropriate recommendations to the Senate :

1. That the U.S. Mission to the UN be instructed through appropriate channels to participate fully in the forthcoming deliberations of the UN Ad Hoc Committee on Charter Review, to be held this summer.

2. That a U.S. government agency or official be designated to assist in the organization and convening of "Punch,” the unofficial Parallel U.N. Charter Hearing.

3. That the U.S. grant some form of recognition, and modest financial support, to WFAC, as several other nations have done.

BOARD OF CHURCH AND SOCIETY
OF THE UNITED METHODIST CHURCH,

Washington, D.C., May 15, 1975.
COMMITTEE ON FOREIGN RELATIONS,
U.S. Senate, Dirksen Senate Office Building,
Washington, D.C.

DEAR Ms. HANSEN: Enclosed are several items showing the support of the United Methodist Church for the United Nations :

1. Official statements of the United Methodist Church concerning the United Nations. These are the operative paragraphs from policy statements approved by the General Conference, the governing body of the United Methodist Church.

2. Two articles concerning the recent debate following Ambassador Scali's speech to the General Assembly in December 1974, written by representatives of United Methodist agencies at the U.N.

3. Booklet, “The Church Center for the United Nations on Its Tenth Anniversary,” outlining the historic commitment of the United Methodist Church to the United Nations concept.

If possible, we would like to have at least the official statements of the United Methodist Church placed in the printed record of the hearings currently being held on the role of the United Nations by the Senate Foreign Relations Committee. Sincerely yours,

HERMAN WILL, Associate General Secretary.

OFFICIAL STATEMENTS OF THE UNITED METHODIST CHURCH CONCERNING THE

UNITED NATIONS

(From the Social Principles, 1972) Believing that international justice requires the participation of all peoples, we endorse the United Nations and its related bodies as the best instrument now in existence to achieve a world of justice and law. We commend the efforts of all people in all countries who pursue world peace through law. We endorse international aid and cooperation on all matters of need and conflict. We urge acceptance for membership in the United Nations of all nations who wish such membership and who accept United Nations responsibility. We urge the United Nations to take a more aggressive role in the development of international arbitration of disputes and actual conflicts among nations by developing binding third-party arbitration. We reaffirm our historic concern for the world as our parish and seek for all persons and peoples full and equal membership in a truly world community.

(From the Bishops' Call for Peace and the Self Development of Peoples) This movement from narrow nationalism to global loyalties requires both international law and international organization. The development of international law has included landmark treaties resulting from conferences at The Hague, Dumbarton Oaks, and the Geneva Conventions. Structures of international order have been anticipated by the ill-fated League of Nations and the United Nations. If peace with justice is to come, nation-states should utilize the United Nations and the International Court of Justice, as well as international trade, relief and scientific institutions, while seeking to perfect the instruments of international organization.

(From the United Methodist Church and Peace, 1968) 5. The United Nations

We commend the United Nations for its success in reconciling differences, promoting human rights, lifting the levels of health, education, and welfare, and advancing self-government among the nations. These accomplishments are in spite of a total U.N. budget that is currently less than 1 per cent of the United States military expenditures. It should become an increasingly useful instrument in the peaceful settlement of international disputes.

We believe the United Nations and its agencies should be supported, strengthened and improved. Moreover, if these facilities are to become most effective, the United Nations, with membership open to all nations which seek to join and which subscribe to its Charter, must be given sufficient authority to enact, interpret and enforce world law against aggression and war.

Meanwhile, the governments of all nations, and especially the great powers, should utilize to the fullest possible extent the avenues of the United Nations for the peaceful resolution of international conflicts.

All nations should give adequate financial support to the U.N. and its peacekeeping operations and its specialized agencies.

We urge the early ratification by all nations of the fourteen conventions on human rights developed and approved by the United Nations or its specialized agencies.

We believe in the principle expressed in the United Nations Declaration of the Rights of a Child. “Mankind owes to the child the best that it has to give." We, therefore, commend the work of the United Nations Children's Fund (UNICEF) which has since 1947 served more than 200 million children in more than one hundred countries through material aid to programs of supplemental food, disease control, nutrition and maternal and child health.

We support the greater use of the International Court of Justice and urge the nations to remove any restrictions they have adopted which impair the court's effective functioning.

The economic and political turmoil within many developing nations provides a grave temptation to the great powers to intervene through subversive activity or military force. We condemn this new version of imperialism which often paraues as responsibility and we urge the great powers to use their strength to support the United Nations and enable it to render multilateral judgments as to those internal disturbances which endanger the peace and require collective measures.

[From the Engage/Social Action magazine, February 1975]

ATTACKS ON THE UN

(By Robert McClean) I am concerned about current reactions to the UN. I am concerned that US Ambassador Scali, speaking before the General Assembly on December 6, said a "tyranny of the majority” is passing outrageous, unenforceable, and irresponsible resolutions that weaken the UN. I am concerned that so many US newspapers editorially seconded that speech without checking the accuracy of its allegations. I am concerned that Scali may have been right when he suggested that many Americans are “deeply distressed at the trend of recent events.” I am concerned because many of those "recent events” that he depreciates are the very acts that affirm the UN's success in areas of justice and equitable relations between peoples and states.

The now famous Scali speech was undoubtedly directed at easing Israel's feelings of US compromise in Middle East negotiations. However, behind this public relations facade is the real issue of recent General Assembly resolutions concerning trade and tariffs, sovereignty over natural resources, producer's associations, prices of raw materials, and transnational corporations.

These trade issues form the basis of UNCTAD (United Nations Conference on Trade and Development) discussions and precipitated the most controversial negotiations at the Rome Food Conference. The US, joined by other western industrialized nations, won those battles. However, losses on two significant related General Assembly resolutions are the heart of Scali's real concern.

In the spring of 1974 the Sixth Special General Assembly approved by concensus a resolution concerning a “New Economic Order.” It contained paragraphs on each of the issues mentioned above. Immediately after its approval Scali strongly removed US support from it saying, “C ensus not a steamroller." However, because of the importance of this document the Board of Church and Society of the United Methodist Church has now established a committee to study this "new economic order” to determine its relationship to United Methodist position statements.

At the recently conducted 29th General Assembly a “Charter of Economic Rights and Duties of States” was approved, not by concensus, but by vote: 120 for, 6 against, 10 abstentions. The US voted with the minority. It was this issue that was foremost in Scali's concern when he spoke six days earlier.

These two resolutions boldly state the aspirations of those notions that are not members of the world's economic or industrial clubs.

The new Charter of Economic Rights and Duties is a resolution of the General Assembly and as such will only have power (other than moral persuasion) as industrialized states observe its rules. Without that, support-in Scali's words“cannot be implemented.” However, each should judge if it is “one-sided” or "unrealistic."

The text covers thirty-four articles plus an introduction. Most articles were acceptable to all. Rather than evaluate acceptable points, here is a summation of three the US found most unacceptable and attempted in committee to have deleted, but failed.

Many states feel former colonial rulers and today's transnational corporations have reinoved raw materials from their territory without adequate repayment.

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