Profits returned to Australia from non-taxing countries to be
included in clause (6 ) profits, but distributed globally, to
disadvantaged and developing regions.
Such a geoeconomic model is merely one of many which must be
experimented with to compete with the highly hegemonial 'cosmocorp'.
Option D requires a structural relevance based on the four
value positions of peace, economic equity, social and political
justice, and ecological balance. Such an option must have a credible
strategy of transition consistent with historical constraints to
contribute to changing consciousness. As to option D advocates, it is
believed that 'they have a superior understanding of the historical
situation and an authenticity arising from their powerlessness; the
fact that their line of recommendations appears to have the best
insight into the wellbeing of. the human species and the viability of
the planet is also a source of political and moral strength'.
A genuine alternative problem-solving paradigm is seen in Myers
McDougal's concept of world public order based on human dignity.
Despite its present application in statist terms there is a receptivity
to ecological and futurist concern. In fact McDougal's personal
political conservatism helps hide the subversive anti-statist message -
'The message is helpfully disguised by the medium'. But that message
has to do with 'a processive, value-oriented approach to norms that are
appraised by reference to global criteria'. As a new paradigm of
international legal studies it must be related to 'the agenda of
concrete problems facing the human community.
The World Order Models Project attempts to carry what one may
call McDougal's anatomical and structural approach to process toward a
more problem-solving and value priority functionalism.
This design involves the conceiving of a three-stage transition process (T1-T3 ):
Tl = Consciousness-raising in national Arenas
T2 = Mobilization in Transnational Arenas
T3 = Transformation in Global Arenas
This results in construction of a Non-territorial Guidance mechanism
based on a global social contract. The new system is based on the
performance criteria (V1 - V4) of peacefulness, economic equity, social
and political dignity and ecological balance. The political organs have
tripartite representation; peoples, Non-government Organizations and
governments. Surely one would here add a fourth representation of
individuals by global voting.
'On the level of bureaucratic presence and loyalty attachments there is envisioned by the end of T3 an outward mutation in terms of central guidance and an inward mutation in terms of localism and subnational autonomy, and participatory relevance'
The described emergent central guidance paradigm for international legal studies included:
- A global, explicitly normative, futurist and systematic inquiry framework.
- An orientation to the transitional aspects of inequity.
- Acceptance that a non-territorial central guidance system will emerge.
- Understanding that this guidance system will be shaped by the
interplay of statist, business and populist social forces. .
- Consensus that the most beneficial guidance option reflects
populist claims for peace, economic equity, social and political
dignity, and ecological balance.
This orientation to the juridical implications of the paradigm-shift suggests subject-matters ripe for useful analysis:
- Interdependencies transcending national juriditional boundaries.
- Global scarcity.
- World food policy
- Emergent non-territorial actors.
- Loyalty shifts and legitimacy shifts; from statism to (a) global and (b) localist, sentiments and identifications.
The global transition model of the normative realists has emphasised
a credible transition strategy in the move towards a more peaceful and
just world. However it is necessary to make such a strategy both
meaningful and feasible to persons and groups, and to underpin that
world level analysis with relevant application to individual
communities. An attempt will be made to do this in an Australian
context by presuming the creation of an Inma in North Queensland.
It is submitted that T1 consciousness-raising, Tl (C - R) would
occur firstly among the most disadvantaged of the area, including the
Aborigines. Thus human relations groups on a live in basis could assist both the growth of solidarity and personal freedom of expression amongst such persons. In initial experiences
along this line the release of fear and resentment against whites has
led to a level of understanding and mutual trust both within the
aboriginal members and between them and white members10.
A mutual awareness of humaness leads to the development not of a
'social contract' but rather of a community agreement. In legal terms a
legally enforceable social contract may be contrasted with a morally
enforceable, and perhaps in future a cogent humane law agreement.
The next step could be focussing their activities on the Inma.
This would be accompanied by widespread T1 activities in the Inma,
conducted largely by those trained by previous groups.
Aborigines from all over Australia and overseas visitors would
be involved as has begun. Over a number of years the indigenous
population of the Inma would be increasingly involved, both black and
white.
Co-existing with later T1 activity is a relatively brief C - R
program with the more reformist humanitarian members of the national
community, i.e. largely based on self-selected members of the helping
and caring professions plus equivalent other volunteers. However their
C - R is mainly aimed at realising the supportive and protective role
they can play nationally, in guaranteeing the survival of the Inma
beyond their own lifetimes, rather than trying to persuade them
actually to join it by migration. (eds: The words 'them actually' is
the best fit - this segment of the sentence was difficult to decipher
on a poor copy)
T2 has two subunits:
T2 (a) commences with the mobilization of extra-Inma supporters nationally.
T2 (b) moves to the mobilization of transnationals who have
completed T1 (C - R) in their own continents. That mobilization is of
two fundamentally distinct types:
T2 (b)(i) mobilization of those who will come to live in, visit, or work in, the Inma.
T2 (b)(ii) mobilization of those who will guarantee cogent
normative, moral and economic support combined with national and
international political protection for its survival.
By T3, the effects of T1 and T2 have largely transformed the Inma, which is now a matured multipurpose world order model.
Its guidance and governance will be non-territorial in the sense that it extends from areal to global.
Politically it is territorial, economically it is largely
continental; in the humanitarian or integral sense it is continental
for Aborigines and partly so in other fields, but it is largely global.
T3 for the Inma is then nearing completion, while its
ex-members who have returned to their own continents are moving these
regions towards the closure of T1, the peak of T2 and the beginning of
a global T3. This is perhaps 50-100 years away. By the time of the peak
of global T3 humanitarian consensus provides the integral base for
development of a world nation-state of balanced integrality and polity.
World phase completion could perhaps be 200 years away.
With regard to the integral value systems of the Inma, the normative realists list may be re-arranged thus:
V1 - peacefulness
V4 - ecological quality
V2 - economic well-being
V3 - social and political justice
Thus peacefulness and harmony with both humans and nature is
dominant over economic and political values. The cultural mutation in
that sense is primary, the economic and political secondary.
However from the aboriginal point of view, V2 and V3 are
somewhat primary over V1 and V4 thus their mutation is both through the
technological and humane era at the same time. V4 is of particular
relevance to the Inma. The so called 'Human Environment Revolution' is
a growing ethos of alternative persons and youth in Australia. Part of
its ethic may be stated thus: 'Not until there is health and harmony in
all our landscapes can there be humanity and common sense in the
society of man'11. Their concern is with man
cooperating with the amenity of Nature rather than in opposition to it.
They wish to 'build an environment of humanity and healthy balance as a
demonstration of living' and the only way to solve 'the problems of the
sick landscape or the inhumanity of society'.
Thus their ethos involves an ecasocial unity related to the normative realists' 'ethics of global concern'.
Three types of positive Futures have been distinguished as normatively realistic:
- Survival
- Development
- Transcendence
By the end of Inma T3 its own survival will be long since
guaranteed. Its development will be well advanced both in terms of
governance and of economies. Economic development is essentially
towards a balance of exploitation and conservation, with recreation of
renewable resources. Wide diffusion of economic well-being and economic
influence counters its power centralization. Shared ownership and
control of production and distribution of economic resources works this
diffusion.
Transcendence could be flourishing in the Inma towards the
elaboration of new global integration symbolic ritual. Multicultural
global art, ceremonial and interpersonal rituals would be in continuous
experimentation. Ultimate global spiritual and aesthetic values, norms
and symbols would grow from this continuing transcendental
experimentation.
Turning to the ethics and ideology of Inma people; it is
axiomatic that for a life-style and value mutation to occur in an area
such territory needs to be in a unique combined global, continental,
federated state and local marginality. Globally it needs to be be
junctional between East and West12 at least
geographically and in historical potentiality. At the same time at all
levels it needs to be sufficiently distant from the centes of culture
and power to be unnoticed, unimportant and autonomous.
Thus in ideological terms it is believed that Buddhism grew at
the junction of North Indian decline, with the changing Aryan culture.
Christianity, an integrative 'love' ethos flourished in reaction
against, and at the margin of a decaying Roman military Empire and an
already decayed and withdrawn post-Gupta Indus Valley Empire and its
Persian Gulf outposts. More violently Islam blossomed between the
exhaustion of the Turkish Empire of the time in its incessant and
continuous conflict with the West.
At a subcontinental or national level the unified state of
China arose as did much of Chinese innovation, on the lower Western
foothills of China. This is at the junction of the largest alluvial
plain in the world, with the drier less predictable hinterland. Thus
the surrounding nomads and the settled agriculturalist clashed and
created cultures. That classical structure, the Great Wall and the many
lesser walls of China run geographically along the exact isohyetals
dividing the areas in which crops were not certain and safe, from the
regular rainfall of the core Chinese agricultural states.
The ethical and moral Taoist theory of governance and its
contrasting revolutionary Confucian idea of administration based on
merit and examinations, arose from the anarchy and bureaucratic
imperatives of the vast Chinese plain, during the period of the Warring
States. Tao is integrative, democratic and humane, Confucian
organization is differentiated, heirarchical and rational. Both were
needed for that vast step forward to a unified subcontinental state,
the Central Kingdom. Both great protagonists Lao Tzu and Confucius
moved as nomadic, margin men between the many states. The osmosis of
Lao Tzu absorbed and synthesised the needed ethos. Confucius worked as
a bureaucrat in many of the states, and drew his creative conclusions.
Yet neither was a ruler of his time.
Again at a later and national level Mao Tse Tung's final
political and economic syntheses and successes originated at the
juction of Russian and Chinese culture in Shenshi. Here was a
revolution not in the cultural sense, but more in the techniques of
industralizing a subsistence society. He was an economic and political
revolutionary primarily. His creative voluntarism mobilised a majority
oppressed by authoritarian war lords. But culturally, he is a
classicist. He has purified Chinese culture not revolutionised it. Even
his poems are in the classical style.
At the level of geopolitical technique he excelled. In 1954 he wrote:
- Revolutionary activity should be concentrated in areas of previous political or revolutionary activity.
- Political stability at both the local and national level should be weak or lacking
- The location must have access to major political targets.
- Zones of weak or confused political control provide
ideal havens. Such zones are usually at the confluence of several
provincial or national boundaries.
- Terrain must be favourable for military operations.
- In so far as possible the areas must be economically self-sufficient.
Once established, the base should not be abandoned except under the most critical of circumstances'13.
Mao thereby spelt out the marginality techniques of political
revolution. These were pursued in relation to intra- and international
marginal zones in McColl's article in an effort to define areas to be
preempted by the U.S.A. in preventing revolution.
At an individual level, perhaps the following graphic
description best summarises of the marginal person. 'Individuals whom
life casts into the interfaces of social change go because they must,
because they hurt, and because they believe. There are inexorable
movers and shakers as well as the pawns of history'.14
The preceding outline of revolutionary movements reminds one that
factors of history and geography are basic. Political and economic
factors then circumscribe and implement utilitarian revolutions.
However for a humanitarian mutation, empathic, ethical and aesthetic
charisma is of the essence. It is the integral system that
circumscribes and implements such change, not the utilitarian.
Thus in Mao's wroting one might substitute 'cultural' for
'political', and in clasue (5) for 'military'. Also the various
territorial levels, from global to personal must be propitious in
humane rather than power terms.
Is a 'distinct human unit', an Inma 'entity',15 plausible at this time? Is it credible for North Queensland, Australia?
It is submitted that a new law-making 'Church' is the Red Cross
at the global level. It seems in relative equilibrium with a new
'State', the United Nations. Humanitarian law is in the ascendance in
relation to the disarray of utilitarian law. The exquisite
inconclusiveness of the Law of the Sea Conference at Caracas Venezuela,
1974 perhaps illustrated this. By contrast mediational law16 is more influential than for centuries. Decentralised horizontal law challenges positivist autocratic vertical law17.
Culturally Australia is an infant. It is the outpost of a static
European culture separated from its cultural source by a resurgent
Asian ethos - and Papua New Guinea statehood. It is caught between East
and West, North and South.
Regionally it is influenced by and attracted to the Association of
South-East Asian Nations (A.S.E.A.N.). This body is less than a decade
in existence18
was initiated in 1967 by Indonesia, still its main driving force. Of
regional organisations it has been exceptional. Its aims are
fundamentally humanitarian. It is concerned with educational and
cultural exchange; and with mutual assistance and cooperation in
development projects. It has studiously avoided power politics or any
connection with defence alliances or miliary-oriented bodies such as
SEATO. In fact, so far (1974) there has been no conference on defence
or military aspects held by ASEAN; though this may change this year19. Parliamentary cooperation also may develop20, while relief of economic shortages by mutual cooperation is being considered.21
The announcement that 'A.S.E.A.N. - Australian economic cooperation has
taken off at a fast pace (by) Australia's acting High Commissioner'22
in Kuala Lumpur indicated an economic approach to Australia.
Nethertheless the core unity of ASEAN is essentially socio-cultural.
Thus large numbers of teachers have been sent to Malaysia from
Indonesia, while artistic exchange is frequent. The cultural and
educational influence and support of ASEAN would be invaluable and
plausibly forthcoming to an adjacent Inma in North Australia.
The racial, cultural and community affinities of Torres Strait
Islanders and others with Papua New Guinea are obvious. Cultural, not
to mention informal migratory exchanges are increasing. For example one
ex-West Irian leader has explored the geography of the region,
resulting in enlightened comments.
At the intra-national level North Queensland is more distant
from Canberra than from its Melanesian and Asian neighbours. This even
applies intra-state with the extra-ordinary geography of Brisbane at
the extreme Southern end of the state. Regional offices of government
and in fact all bureaucracies are growing by force of distance.
From the preceding description it would appear plausible that
an Inma could find the necessary pluri-level marginality, autonomy and
potential balance of influences in the region discussed. The other side
of the change, an economic and political infrastructure, may now be
referred to.
It is submitted that the essential preequisite to financial and
political support for the Inma could be a political polarisation
between South Queensland power and the Australian Government. North
Queensland Self Government would then become useful Common-wealth tool
to use against Brisbane.
In an initial crucial group, Aborigines, the then Minister for
Aboriginal Affairs announced in September 1974, that moneys previously
directed through the Queensland State Government would from now on go
directly to Aboriginal organisations.. He stated that the more money
given to the state, the worse the Aboriginal position was becoming.
At about the same time the Australian Government announced a
legislative intent to give Queensland's Aborigines ownership of their
settlements at then under State control. This was claimed by the
Premier of Queensland to be unconstitutional, and may well lead to a
High Court suit.
Thus as the political crisis grows the North Queensland
Self-Government League's activities have gathered a steadily more
cogent normative influence. In August 1972, its Steering Committee
completed and placed before the Queensland Premier a quarto booklet of
38 pages as a submission for an independent state within the Federation23.
Not surprisingly no action has yet been taken by the State Government.
However statisitcs separately published on the Northern Division of
Queensland by the government are now no longer available.
In 1972 the then chairman of the League, a University Professor, told
the Charters Towers Chamber of Commerce that: 'The economy of North
Queensland and that of the remainder of Queensland are now so neatly
balanced that self-government for the North can be affected without
disturbing the relations of either territory with the other'24.
With an area of approximately 700,000 kilometres, the region has a
population of 335,000 people. These are more evenly spread than any
other area in Australia.
The Steering Committee was stated to have recommended a Parliament of
30 members in a single House with a Cabinet of 7. Ministeries would be
decentralised in the five major towns in the area.
Economically in all sectors bar the 'tertiary', the areal
productivity and profitability is greater than South Queensland. Annual
consolidated revenue of the whole state was $564,000,000 in 1971-72,
i.e., $309 per head. Separating out the proportionate Inma revenue the
results give $349 per head. Thus the Inma on separation would have an
immediate benefit of $40 per head.
As a first step a parliamentary Committee of Inquiry with Royal
Commission powers was recommended. Later, an Inma referendum is to be
held to ascertain the people's wishes.
The Committee was to consist of three; one nominated by the
Queensland government one by the Commonwealth and one by the League. It
is submitted that instead, the Australian government could be
approached. An Inquiry and Referendum Commission of four is suggested.
The additional member would be an aboriginal representative, resident
or born in the Inma and nominated by the National Aboriginal
Consultative Committee, perhaps in its self-chosen National Aboriginal
Council role.
Even if no Queensland government representative were nominated
the Commission could proceed with fact finding and research surveys. It
could also conduct an Inquiry on Aboriginal autonomy in the area.
The present impasse between the League and the State government
would strongly motivate the former to consider alliance with the
Aborigines. The similar State-Federal impasse could motivate the latter
to support a new state movement, if merely to embarass the present
Queensland regime. This could happen without any initial belief in the
success of a new state movement.
As to the legal system in the Inma, it seems clear that on a
multicultural basis, a minoritarian constitution is necessary. By
giving specific representation to different racial, ethnic and other
groups it has an equalizing effect.
Again the question of a dual constitution must be considered.
Principles of humanity and those of utility could be separated. The
constitution would build on the steps taken by India, Pakistan and Burma25.
The inital step of creating humanitarian 'directive principles of state
policy' as a separate Part of the Indian Constitution are of great
significance26. Being 'fundamental to the governance of the country',27
they embody the objects and aspirations of the state and guide its
law-making activity.
Constitutional Human Rights are another area of consideration, and like
all laws in a multicultural community will require wider
conceptualization in social context. Again, choice-of-law criteria
require a broad basis of experience in different legal systems28.
In this regard the experience of Lawasia is unique. Formed in 1966, by
1969 it had about 1300 individual lawyer members from about 20
countries in the Asian and Pacific region29. A
consultative committee of this body could be invaluable, in the legal
structuring of the Inma. Ultimately Lawasia might assist in the
development of a humane multicultural court. The circuit concept of
domestic law could be internationalised to provide an international
pool of judges. Such persons from cultures or countries represented by
ethnic inhabitants in the area could be invited to become visiting
members of the court, and active at least on cases involving their own
ethnic issues. This would be rather like the use of a national judge of
each party concerned, in the International Court of Justice (I.C.J.)
Again ex-judges of the I.C.J., known for their particular humane and global values such as is Tanaka J. of Japan30
could be employed in Full Court cases. Likewise judges of specialised
skill, or suitable academics such as Professor Hahm of Korea31
could be used as visiting judges if they were so willing. Past members
of the International Law Commission could also be approached
Certainly, if one were to pursue the obedience of international
humanitarian norms, especially in relations between Inma and the South
Queensland, Australia or Papua-New Guinea governments, the use of a
multicultural court would be advisable. Thus may a 'domestic' court
convert ideals of humanity and of justice into normative realism32.
Lawasia might assist greatly in the development of such a multijural
court even to nomination and selection of members.
There is yet a further further opportunity if the multijural court came
into existence. Such an institution could offer a service to all types
of disputants, individual, corporate or state in the Asia, Pacific and
Australian region. Unlike the International Court of Justice it would
not be shakled to inter-state disputes only, and could itself become a
valuable model for study and evaluation.
It may be noted that in terms of Aboriginal economic development and autonomy multi-lateral finance resources might be tapped.
The Asian Development Bank (A.D.B.) is the main regional
resource. It was conceived by the U.N. Economic Commission for Asian
and the Far East (ECAFE) and is located in the region33.
About 60% of its capital is subscribed by 22 regional countries, and 8
of the 12 Directors come from its area. Membership includes Indonesia,
Papua-New Guinea and Australia.
The A.D.B. is an international development finance institution established for objectives which include:
- To promote investment in the ECAFE region of Public and private capital for
development purposes.
- To utilize available resources for financing development....
- To cooperate with...national entities whether public or private...
The lending activities of the A.D.B. include direct loans to both
public and private entities and enterprises operating within its
developing member countries, but it does not finance any undertaking in
the territory of a member if that member objects to such financing.
Technical assistance is also given, and Special Funds independently
administered include an Agricultural Special Fund, a Multi-purpose
Special Fund and a Technical Assistance Special Fund.
Application might perhaps be made by the Aboriginal Assembly
representing all Aboriginal interests in the Inma. For example the
Aboriginal Cooperative Ltd. owns property South of Cairns. A request to
assist the development of an Agricultural Training Centre could be in
line with the type of project the A.D.B. supports.
Thus failure of support by an Australian government might
result in an application by Inma as an Associated State of Australia.
As a developed country, the latter would not receive a loan, but Inma
Aborigines would argue that they are a disadvantaged developing people
within the Territory of a Member of the A.D.B. The minimal result might
well be considerale U.N. and A.D.B. influence, moral and economic, on
Australian financial sources to make major assistance available.
Finally reference might be made to the recently formed Islamic
Bank. An ethnic group of Indonesians or other moslems in the Inma might
well warrant an approach to such an organisation at some future date.
Some of the structural possibilities of an Australian Inma have
been examined in this essay. Whether the requisite paradigm-shift will
activate these opportunities and whether a true cultural mutation can
germinate, remains to be seen.
Endnotes
1 Falk, R. A., 1974. Law and National Security: The Case for Normative Realism Utah Law Review., No. 1, p.25 at 34.
2 Falk, R. A., 1974. Beyond International Relations Mimeographed Lecture to Australian National University. September. 1974. Princeton University.
3 Falk, R. A., 1974. The Sherrill Hypothesis, International Law and Drastic Global Reform: Historical & Futuristic Perspectives June. Princeton University.
4 Falk, R. A., 1983. The End of World Order: Essays of Normative International Relations New York: Holms & Meier, p. 25 - 32.
5 Van Rensselaer Potter, 1971 Bioethics: Bridge to the Future.
6 Gebser, J., 1972. The Foundations of the Aperspective World Main Currents Vol. 29, p. 80. at p.81
7 Gebser, J., 1973. The Integral Consciousness Main Currents Vol. 30, p. 107.
8 Falk, R. A., 1974(d). What's Wrong With Henry Kissinger's Foreign Policy
9 Private communication to the writer.
10 Iceton N. (Ed), 1971 - 1976 Aboriginal Human Relations Newsletter University of New England, Armidale, NSW.
11 Yeomans P. A. 1976. The Australian Keyline Plan for the Enrichment of Human Settlements United Nations Conference, Habitat Forum, Canada.
Yeomans P. A. 1971. The City Forest: The Keyline Plan for the Human Environment Revolution. Keyline Publishing.
P. 10.
12 Parkinson, C. N., 1963 East and West Mentor Books.
13 McColl, R., 1967. A Political Geography of Revolution: China, Vietnam and Thailand Journal of Conflict Revolution, Vol. 11, No. 2, p. 153.
14 Nieburg, 1969. Violence, Law and the Informal Polity Journal of Conflict Resolution Vol. 13., p. 192 at p. 208.
15 Advisary Opinion of the International Court of Justice on the Question of Spanish Sahara Objective: Justice Vol. 7, No. 4, 14, at p.17.
16 Carlson, J. & Yeomans, N., 1975 Whither Goeth the Law - Humanity or Barbarity, in The Way Out - Radical Alternatives in Australia Eds. Margaret Smith and David Grossley, Melbourne: Landsdowne Press, p. 155
17 Barkun, M., 1968. Law Without Sanctions at p. 16
18 Indonesian News Letter, 1974. Embassy of Indonesia, Canberra, No. 26, at p.1.
19 The New Standard (English language Newspaper), 1974. Jakarta: August, 26.
20 Indonesian News Letter, 1974. Embassy of Indonesia, Canberra, No. 24, at p.4.
21 Indonesian News Letter, 1974. Embassy of Indonesia, Canberra, No. 25, at p.3.
22 The New Standard (English language Newspaper), 1974. Jakarta: August, 22, p.2.
23 North Queensland Self Government League - Submission (1972). Townsville
24 North Queensland Register (local paper) 12 September 1972.
25 Smith, D. The New Commonwealth and its Constitutions (1964) at p. 173.
26 Coper, M., 1969. The Definition of Law and the Directive Principles of the Indian Constitution. Jaipur Law Journal, Vol. 9., p. 1.
27 Constitution of India, Article 37.
28 Chin Kim, 1971. The Korean Choice-of-Law Rules Lawasia, Vol 2, p.96.
29 Wooten, J., 1969. Lawasia Lawasia Vol.1 p.14 at p.19.
30 Schubert & Danelski, 1969. Comparative Judicial Behaviour p. 139.
31 ibid. Chap.2.
32 Falk, R. A., 1964. The Role of Domestic Courts in the International Order
33 Asian Development Bank - Basic Information (1971) Manila, Philipines.
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