Section II Three Principles
After the point that an interim stage is needed between national society at present and the greatly unified society in the future and we should rely on the absolutely advantageous group to control and lead the undertaking of great unification, the discussion of great unification plan has become discussion of organization and operation plan of the advantageous group.
The writer thinks that reasonable organization of advantageous group and operation plan should comply with three principles as follows: legality principal, feasibility principle and justice principle. Legality means that advantageous group should comply with international laws; feasibility means that the plan should ensure advantageous group could be organized smoothly, and the advantageous group set up could successfully promote undertaking of the great unification; justice is to weigh interests of different regions and groups, take full consideration of democracy and human rights of every region and group, and try to ensure that everyone is satisfied in the process of great unification.
I. About Legality of Plan
(I) Legality Issue
Because issue of legality of advantageous group falls into scope of international law, we must learn about international law first before researching legality of advantageous group.
Most people know domestic laws more or less, because people will accept education about domestic laws intentionally or not, and are restrained by domestic laws. Domestic law is formulated by legislation organ in due procedures. Domestic law has sanction over natural persons living in the nation, legal persons and state organs in the country, as well as relevant natural persons, legal persons and state organs. Natural person, legal person and state organ are subjects of domestic law. Domestic law is compulsively maintained by army, police and court of the country, which ensure that domestic law is executed efficiently. Domestic law is valid within the country, but invalid in other countries.
International law, also called public international law, is completely different from domestic law both in aspects of nature and feature. Subjects of international law are nation, inter-governmental international organization and liberation organization that seeks for freedom. International law adjusts relationships among above subjects. It doesn’t adjust relations among subjects of domestic law in general. International law is valid in the whole international society, and is binding to all subjects of international law.
Compared with domestic law, international law has two features: the first is source of law, principles and systems of international law are formulated by treaties, conventions and agreements in the principle of equality and negotiation of sovereign states and other subjects of international laws. Another important source of international law is international custom which has been used repeatedly in international practice, and has been generally acknowledged as law. The second is supervision and execution of law. There is not any organization above nations to force implementation of international law. International law could be executed willingly by subjects of the law or forced to be executed by collective strength of international society.
For example, the Peace Treaty of Westphalia signed in 1648 when the Thirty Years’ War ended is a document with effect of international law; the Covenant of the League of Nations that was set up after the World War I is also a document with legal effect, and the Charter of the United Nations founded after World War II was also such a document with legal effect. Some other treaties signed in small areas, such as the Treaty of Holy Alliance signed by Russia, Austria and Prussia in 1815, the Quadripartite Treaty signed by America, the UK, Japan and France in 1921 and the Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance signed between China and the Soviet Union in 1950 also have effects of international law.
From features of international law, we can tell that international law is inseparable from international relationship, which is base for international law. No matter treaty, covenant or agreement signed between countries, or international practice of international affairs, all these origins of international law reflect international relationship. To a certain degree, international relationship will determine international law.
Legality of international law changes with times. Some law that is legal in an era might be considered as illegal in another times. Likewise, behavior that is illegal might become legal some years later.
Because of above features of international law, following aspects need be elaborated:
Firstly, establishment of completely new international relationship usually needs a large scale war.
Take modern and contemporary international relationship as an example. Framework of modern and contemporary international relationship is set up on relics of the world ruled by feudal theocracy in middle ages. The religious reform in the 16th-century affected every country, and influenced the European society profoundly. While Austrian House of Hapsburg was the major defender of European feudal system then, so its contradiction with protestant was acute.
The Thirty-Year War that lasted from 1618 to 1648 broke out because of religion, but it soon evolved into a political war that almost got the whole Europe involved. The Thirty-Year War ended with the House of Hapsburg defeated. Signature of the Peace Treaty of Westphalia marked not only the end of the war, but also the establishment of completely new international relationship. The world sovereign under Roman theocracy before the war was broke completely, the House of Hapsburg was coerced to admit sovereignties of vassal states. The international relationship that ruled by religious theocracy and feudal imperial power was completed broken up. The new international relationship system is called Westphalia system.
In Westphalia system, the major participants in European affairs were the UK, France, Russia, Prussia and Austria before the French Revolution. France was a strong country then. The French Revolution influenced world politics and international relationship profoundly. To stop French Revolution and help House of Bourbon to restore the throne, European powers—Russia, the UK, Austria and Prussia fought with French First Republic at first and later the First Empire of France for over 20 years. The war was called Napoleonic Wars in history. Winner of the war rearranged Europe, and a new international relationship system was set up, which was the Vienna system.
The system followed Vienna system is Bismarck system. Disorganization of Vienna system and establishment of Bismarck system are results of a series wars including European revolution, Crimean War and German unification war.
The unified Germany accomplished by German unification war soon developed from a country coldly treated to a power to a major power in Europe. German premier Bismarck was a far-sighted politician good at balancing relations. Dominated by Bismarck, an international relationship system with German alliance as the core was formed, this system was so-called Bismarck system that lasted till World War I broke out.
Casualties in World War I were tens of millions, and result of the war led to disorganization of Bismarck system and establishment of the new international relationship system, which is generally called Versailles-Washington system.
Disorganization of Versailles-Washington system and establishment of the new international relationship system were result of World War II. The international relationship system formed after World War II was called Yalta system. In Feb. 1945, when World War II was to end, leaders of America, Soviet Union and the UK—the winning countries met in Yalta and made new arrangement of world pattern after the war, so the international relationship system thus formed was named by the meeting address Yalta.
Secondly, international relationship decides international law principles
International law is related to international relationship. International relationship is basis of international law, and it also determines principals of international law. From sources of international law, we can tell that major composing contents of international law are international treaty and international custom, while both international treaty and international custom are reflection of international relationship. So international relationship is decisive to international law. Appearance of new international relationship will definitely lead to changes of international law, because new international relationship is confirmed by a series of important international treaties and covenants, and international custom will also change with international relationship. It is certain that specific contents of international law will change.
Legality of specific contents doesn’t equal justice of the contents. As establishment of a new international relationship system is often accompanied by large scale war, the dominator in establishment of international relationship system will certainly be the winning countries. The winner will doubtlessly put interests of its own on top of others. Only when the winner’s interest is fully considered, interests of other countries might be considered then. The winning country will impose unfair conditions to the defeated country by the form of treaty. The defeated country is unable to resist, but has to accept the unfair conditions. Such conduct of putting interests of a particular large country on top of the other countries, and imposing unfair conditions to defeated countries is common. Although such conduct is not fair nor reasonable, it is legal in view of international law, because the unfair conditions have been settled down in the form of treaty and have been seemingly agreed and recognized by the parties.
(II) Seeking for legal plan in the United Nations system
We will seek for legal plan for advantageous group in today’s international relationship and system of international law. As advantageous group is unprecedented, there will be no legal provisions or legal cases to refer to, we will have to carry out objective judge, after analysis of forming history of present international relationship and international law system.
Establishment of contemporary international relationship and international law system starts from World War II. The most important and influential event to establishment of international relationship and international law system after World War II is foundation of the United Nations and subscription of the Charter of the United Nations. Confirmation of the United Nations as center of international affairs is the most obvious feature of international relationship after World War II. The Charter of the United Nations is generally recognized as the major source of contemporary international law, which is the most obvious feature of international law system after the war.
Judging from functions and operation mechanism of the United Nations, among various organs, organizations and groups, role of the United Nations in global affairs is most similar to world regime. In view of roles of the United Nations to international relationship and international law system, and many factors including that functions of the United Nations that are most close to world regime in global affairs, to set up legal advantageous group in the United Nations becomes natural.
In fact, people always consider the United Nations as an interim system from international anarchy to world regime, because functions of tenets of the United Nations have many similarities to world regime.
Today, 192 countries, over 95% of world total, have become member countries of the United Nations. What’s more, all major countries have become members of the United Nations, and they are all obligated to act in accordance with the Charter of the United Nations. In fact, scope of power and harmonization scope of the United Nations both are not limited to member countries. It has become completely global. Take the United Nations’ role of protecting world peace as an example, as regulated by the Charter of the United Nations, if it is necessary for maintaining world peace and security, the United Nations should make non-member countries abide by rules it set up. So the United Nations’ position as center in harmonization of the world is complete.
1. Organs of the United Nations
To seek for legal plan of advantageous group in the United Nations, we will further analyze organs and operation mechanism of the United Nations. The United Nations has six major organs as the General Assembly of the United Nations, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice and Secretariat. There are a series of auxiliary bodies under the major ones, and each of them is responsible for some specific areas.
(1) General Assembly
General Assembly is the major resolution organ of the United Nations. The General Assembly is made up of member nations, with one ballot for each nation, and representatives of a single country no more than 5.
Main functions of the General Assembly are: to discuss general principals of cooperation of nations in aspect of maintaining world peace and security (including principles for disarmament and arm control), raise suggestions on above principles to member nations or the Security Council, and propose the Security Council to pay attention to circumstances that are serious enough to endanger world peace and security; research and promote international cooperation in aspect of politics, gradually advocate and promote development of international law, and formulation of international law as well; promote international cooperation in sectors including economy, culture, education and hygiene, promote human rights and basic freedom of all human beings; accept and resolute work reports other organs submit; appoint secretary general according to recommendation of the Security Council; vote to select non-permanent members of the Security Council; discuss to admit new member nation as recommended by the Security Council, or discuss to remove any member nation upon suggestion of the Security Council; and discuss to determine budget of the United Nations and member nations’ subscription proportion of membership fees. The General Assembly could discuss various problems, except problems being discussed by the Security Council.
The General Assembly of the United Nations is convened and presided over by assembly chairman. Assembly chairman is elected by votes of the previous assembly. There are 21 vice chairmen besides. Office of the assembly chairman is assumed by the regions in rotation, quotas of chairman and vice chairmen are as follows: 6 for African countries, 5 for Asian countries, 1 for East European countries, 3 for Latin American countries, 2 for West Europe and other countries, 5 for permanent members of the Security Council.
(2) Security Council
Security Council is made up of five permanent members and ten non-permanent members (previous 7 non-permanent members, increased to 10 in 1965). The five permanent members are China, France, Russia, the UK and America. Non-permanent members are selected through votes of the General Assembly, the tenure is two years, and no re-election nor consecutive term is allowed.
Main functions of the Security Council are to maintain world peace and security, and preside over and promote international disarmament and arm control. Besides, the Security Council also implements trusteeship function of the United Nations, selects judges of International Court apart from judges selected by the General Assembly, adopts measures to execute sentence of the International Court, recommends candidate of secretary-general and new members to the General Assembly, and suggests the General Assembly stopping rights or removing membership of member country.
(3) Economic and Social Council
Economic and Social Council is made up of 54 members (previously 18 members, increased to 27 in 1965, and 54 in 1973), tenure of the membership is 3 years, the General Assembly will reelect 18 members every year, when the tenure expires, consecutive term is allowed. Economic and Social Council is responsible to harmonize international economic, social, cultural, educational and hygiene works, and raise suggestions on these works. Besides, it also provides information and assistance requested by the General Assembly, Security Council and other organs of the United Nations, and convenes international conferences within its authority.
(4) Trusteeship Council
Trusteeship Council is responsible to supervise affairs of mandated territory, censor report of trustee countries, accept petition of people on the mandated territory jointly with management countries, and visit and inspect mandated territory. Trusteeship Council is made up of three kinds of countries, respectively as member countries that manage mandated territories, permanent members of the Security Council that don’t manage mandated territories, and other members (with a tenure of 3 years) of required number selected through votes of the General Assembly. With gradually decrease and completely disappearance of the management countries, now members of the Trusteeship Council only include America, China, France, the UK and Russia—the five permanent members of the Security Council.
(5) International Court
International Court is an organ that is specially responsible to consider and handle international legal problems and solve international disputes through judicial means. The Court is made up of 15 independent judges with different nationality each other, independent judges are recommended by nations and are selected through specific procedures.
Authority of International Court includes appeal jurisdiction and consultation jurisdiction. It doesn’t accept case of individuals. If any party disobeys or refuses to execute sentence of International Court, then the other party could appeal to the Security Council to adopt measures to execute the Court’s sentence. The Court’s advisory jurisdiction includes providing advisory opinions on legal questions raised by the General Assembly and the Security Council at any time. Authorized by the General Assembly, other organs of the United Nations could also ask International Court to air advisory opinions on legal issues within their work scopes.
Secretariat is administration organ of the United Nations. It is made up of one secretary-general and some deputy secretary-generals, and other administrative staffs. The secretary-general is recommended by the Security Council and appointed by the General Assembly. The tenure is five years, and consecutive term is allowed. As administration head of the United Nations, the secretary-general manages and supervises work of other work staffs of the Untied Nations, exercises authority in the name of secretary-general in major organs of the United Nations, and perform other duties and works entrusted by these organs as well.
2. Core right of the United Nations lies in the Security Council
The United Nations adopts three voting systems to censor motions, respectively as unanimous consent with one ballot for each country, majority consent with one ballot for each country, and weighed voting system with several ballots for one country.
Majority system with one ballot for every country means that every member country has equal voting right, or in other words, every nation has one ballot, and the motion will be approved only all members required to attend the meeting vote to consent the motion. E.g. concurring votes of large countries of the Security Council is vote of such voting system. In fact, this kind of voting system endows every member country with equal veto.
Majority consent with one ballot for each nation means that every member nation has equal voting right--one ballot for each nation, the motion could be approved if majority of nations that attend the meeting vote affirmatively. Majority consent with one ballot for each nation could be divided as simple majority consent and qualified majority consent. Simple majority means that the motion could be approved if affirmative votes are over half the total, while the later requires for consent of qualified majority, such as 2/3, 3/4 and 4/5. The General Assembly and many other special organs of the United Nations all adopt the voting system of majority consent with one ballot for each nation.
Weighed voting system with several ballots for one nation means to set up specific standards according to certain rules, such as national strength, responsibility and contribution, giving member country certain ballots or voting rights. For example, the five permanent members of the Security Council hold not only the positions as permanent members of the Council, but all have veto over all issues other than procedural proceedings, which has definitely increased weight of the five permanent members.
The most important organs in the United Nations are the General Assembly and the Security Council. The General Assembly is the highest authority set up according to the Charter of the United Nations, while according to the Charter of the United Nations, the Security Council is the only organ that is authorized to make decision that all member countries are dutiable to obey. Resolution of the General Assembly has no overall sanction, only resolution of the Security Council is really binding. So core right of the United Nations lies in the Security Council, rather than the General Assembly. The Security Council is the most importation implementation organ of the United Nations.
A nation that wants to join in the United Nations must be recommended by the Security Council first, the General Assembly will discuss and vote about it later, while the Security Council could decide whether to recover the membership of the nation whose membership has been frozen; the General Assembly should not discuss or vote on events discussed and being implemented by the Security Council without petition of the Security Council; the organ that will accept complaint that the sentence of the International Court can’t be executed and will have right to enforce the execution is the Security Council, rather than the General Assembly; the General Assembly could only provide suggestions to maintenance of world peace and security, but has no right to make decision, while the Security Council has such decision making right.
According to the Charter of the United Nations, “In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf”. To give effect to its decisions, the Security Council may call upon the members of the United Nations to apply such measures as “complete or partial interruption of economic relations and of rail, sea, postal, telegraphic, radio, and other means of communications, the severance of diplomatic relations”. What’s more, should the Security Council consider above measures be inadequate, it may take such action “by air, sea, or land forces as may be necessary”, “such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations”. On call of the Security Council, all members of the United Nations should undertake to make available to the Security Council “armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security”. To take actions, regional organization and organ must be authorized by the Security Council.
Thus it shows that the Security Council does not only have wide scope of authority, but has the strongest coercive strength also. In fact, authority of the Security Council is far wider than what have been mentioned. The Security Council is responsible to prepare disarmament and arms control schemes, excise trusteeship functions of the United Nations, select judges for International Court, recommend secretary-general to the United Nations, suggest the General Assembly stop membership or remove membership of some nation, and take part in revision of the Charter of the United Nations.
Above narration is enough to show that the core of right of the United Nations lies in the Security Council. While as an organ with general representativeness, the General Assembly functions as “world forum”. If the United Nations could be compared to sovereignty, then the General Assembly functions as parliament (in fact, the Assembly’s role is not as large as that of the parliament), while the Security Council is the government that holds real power.
Right core of the Security Council is the five permanent members--America, China, Russia, the UK and France. Each member has one ballot. Procedural proceedings will be decided by affirmative votes of 9 members among the 15 total, while non-procedural pratical matters will be decided by affirmative votes of 9 members together with unanimous consent of the permanent five, or in other words, every permanent member has veto, but absence or waiver of the permanent member doesn’t constitute veto.
What should be mentioned is that the permanent member could excise its right of veto in discussion of a proceeding to reject it as a procedural question, no matter it is procedural or non-procedural. While the permanent member could also excise its right of veto during votes on a proceeding that is dealt with as procedural. This is “double veto” of the permanent five. Essential meaning of double veto is that the permanent five could directly or indirectly excise right of veto over all issues discussed by the Security Council.
The Charter of the United Nations endows special rights to the Security Council, and very important rights to the permanent five of Security Council on some issues. In fact, issues of the United Nations are always influenced by the permanent five. This is the fact of the United Nations, and it is legal, no matter reasonable or not.
(III) Specific Plan
As core of contemporary international relationship is the United Nations, and major source of international law is the Charter of the United Nations, legality of organization plan of the advantageous group could be confirmed according to principles as follows: select members of the advantageous group within the United Nations, with the Charter of the United Nations as the guideline, integrating features of nations at present.
First-step reasoning: endow power to the advantageous group by comparing to the United Nations.
To set up a legal advantageous group, let’s review functions of the advantageous group and rights the group should have.
The advantageous group is to lead all mankind to develop from national society to the great unification. During transition from national society to the great unification, the advantageous group functions as lead of the whole world. Although nations still exist in the transition period, the nations have enfeoffed some rights (e.g. the nations are not allowed to set up league free willingly, obey lead of the advantageous group in the undertaking of the great unification, etc.) to the advantageous group, so their sovereignty is not complete.
Then what principles should we follow in setting up an advantageous group as world lead, so that the advantageous group could comply with rules of international law?
As the advantageous group is unprecedented in human history, it is impossible for us to completely imitate ready articles in international law, but could only set up principles according to basic rules of international relations and international law by reasoning.
To sum all factors, there is a point very important—a key legal challenge faced by the establishment of the advantageous group is that the advantageous group should be made up of which countries so that it is most qualified to lead the whole world? Or in other words, which nations should be selected to be members of the advantageous group that will govern the whole world so that the group meets with principles of international law best?
Then which organization at present is comparable to the advantageous group? Among various groups, organizations and organs, the most suitable and the only suitable candidate is doubtlessly the United Nations which is truly reining the whole world.
Because of features of organs in the United Nations and according to contents of the Charter of the United Nations, the nations have endowed the United Nations with various rights, of which the primary is to maintain world peace and security, so the United Nations could adopt any necessary measures, including military forces, to cope with events that endanger world peace. Meanwhile, the United Nations is also responsible to promote international cooperation, promote development of human society and protect human rights, etc. Its jurisdiction involves almost every major sector of human society, including politics, economy, military, culture and society. It’s jurisdiction almost covers every aspect of human society in theory, so it is for all the mankind and is global, and its jurisdiction scope is same as the advantageous group.
As the United Nations is an international organization, it is different from the advantageous group in two aspects in its exercise of rights, firstly, tempo of the United Nations’ exercise of rights is not as strong as the advantageous group. The United Nations has no army of its own, even for peacekeeping operations, the United Nations still needs to rely on military forces of its members, so compulsory force of the United Nations’ exercise of rights is not strong enough. The advantageous group should have overwhelming advantage in aspect of military ability, and tempo of the advantageous group’s exercise of rights should be much larger than the United Nations.
Secondly, depth of the Untied Nations’ exercise of rights is not as deep as the advantageous group also. For example, the Untied Nations can’t interfere domestic affairs of the nations, and it admits sovereignty of the nations. While the nations are required to enfeoff some rights to the advantageous group in interim period, so the nations will not have complete sovereignty. The reason is that as world leader, the advantageous group will lead all mankind to realize the great unification, it has to take partial right from nations so that it could exercise its rights as leader of the whole world, if it doesn’t take such partial right, it will not be able to lead the whole world.
To set up advantageous group, by reasoning method of laws, we could recognize the two features as above approximately as follows:
Firstly, the advantageous group will just increase tempo of exercise of rights compared with the United Nations. The United Nations’ disability to exercise rights effectively is a kind of deficiency itself. It’s a pity that the United Nations, an organization for the whole world, couldn’t effectively serve all the mankind, and it is the advantageous group that will make up this deficiency. So the advantageous group is much favorable to fundamental interests of the whole mankind. This has improved that the advantageous group should have rights comparable to the United Nations, and its tempo of exercise of rights should be stronger than the United Nations. It complies with international law by value judgement.
Secondly, the United Nations has all rights required for maintaining fundamental interests of the whole mankind. These rights are endowed by the Charter of the United Nations, the broadest multi-lateral agreement signed by members of the United Nations. In fact, rights of the United Nations are enfeoffed by nations. Rights of the advantageous group and rights of the United Nations both are enfeoffed by nations, so origin of the rights is same. What is different is that rights of the advantageous group will be more profound, which requires more rights to be enfeoffed. To avoid extinction of mankind, and protect overall existence which is higher than all the other values, it will be worthwhile for nations to enfeoff more rights to the group, and it complies with value principle of international law.
Second step reasoning: the advantageous group should be set up comparing to framework of the Security Council
The United Nations is an international organization. Sovereign states will become members of the United Nations by signing the Charter of the United Nations, and will enfeoff some sovereignties to the United Nations, so that the United Nations could rein the whole world to a certain degree. To set up the advantageous group comparing to the United Nations, two factors as follows must be considered:
First, sovereign states willingly endow some rights to the United Nations, only the states sign the Charter of the United Nations willingly, could the independent sovereignty principle (independent sovereignty principle is one the most important principles of international law at present) be complied with;
Second, only members of the United Nations will sign the Charter of the United Nations, or in other words, only when a nation wants to become a member of the United Nations, will it be willingly to transfer some of its rights to the United Nations.
Founding members of the advantageous group will be quite limited, maybe several or a dozen nations, but there are around 200 countries in the world, then over 90% of the nations couldn’t be founding members. Most nations will not be willing to give away their sovereignty to the advantageous group founded by quite a few nations, even if they sign some international treaty similar to the Charter of the United Nations to enfeoff their sovereignty to the advantageous group, the agreement will probably be signed under coercion. If this is the circumstance, the way through which the advantageous group gains power is illegal.
To solve this problem, we will start discussion by taking organization setup and right distribution of the United Nations into consideration.
Among organs in the United Nations, the General Assembly is the symbol of the highest authority. The General Assembly that is made up of all member nations adopts the voting system with one ballot for each nation. But in such a huge organization, many nations and their representatives could not exercise essential rights. In fact, resolution of the General Assembly has no general binding effect. Compared with state sovereignty, the General Assembly is similar to parliament of the nation that could only exercise the right of deliberation of political affairs. In sovereign state, state government holds the real power, while the United Nations endows its core right to the Security Council by the Charter of the United Nations. Although the Security Council is made up by quite a few members, decision of the Security Council is binding to all countries.
We can infer that the United Nations has power worldwide (although such power is not complete, but we could treat it like this approximately), and core right of the United Nations lies in the Security Council, so we could approximately deem that the Security Council has the right to lead the world on behalf of the United Nations.
With above reasoning, the problem faced by foundation of the advantageous group will be readily solved. The Security Council could be approximately deemed as the world leader on behalf of the United Nations, and the Security Council is made up of just a few members, if the advantageous group set up has same features with the Security Council, then the advantageous group should also have legal rights to lead the whole world. Or in other words, to make the advantageous group legal to lead the whole world, the advantageous group should be set up to have same features with the Security Council, then the purpose could be attained.
On basis of above conclusion, we may also research representation of the United Nations’ rights from members of the Security Council. We will find that to set up the advantageous group by comparing to members of the Security Council will be more suitable for legality of the advantageous group according to international law.
As we know, the Security Council is made up of 15 nations, five of which are permanent members, and 10 are non-permanent members. These countries are all the largest and most powerful ones in the world, and also the most representative countries. Following analysis will show representation of rights of the United Nations clearly.
The United Nations has six major organs, respectively as the General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court and Secretariat.
The Security Council holds core rights of the United Nations, and member nations control the Security Council, so the core power is held by the member nations in fact. What’s more, we also found that the permanent five of the Security Council are the whole members of the Trusteeship Council, so power of the Trusteeship Council is held by members of the Security Council in fact.
Besides the Security Council and Trusteeship Council, the Economic and Social Council is also an execution organ of the United Nations. The Economic and Social Council has 54 members. As members of the Security Council are very influential in the world in general, so most of them are members of the Economic and Social Council that play very important roles in the Economic and Social Council.
Then let’s have a look of their influence to and role in the General Assembly. It is natural that every member of the Security Council has a position in the General Assembly. What should be mentioned is that the permanent five of the Security Council occupy five positions as regular vice chairman countries among the 21 vice chairmen, this is special arrangement for the permanent five of the Security Council, not any other country will enjoy such treatment. What’s more, non-permanent members of the Security Council that are very influential may become chairman country or vice chairman country of the General Assembly also.
We should notice that the permanent five of the Security Council could certainly influence most members in the General Assembly on every topic for discussion, because of their strong power and global influence, leaving non-permanent members of the Security Council not calculated.
Influences of the Security Council to the International Court are as follows: 15 independent judges of International Court are voted and approved by majority affirmative votes of the General Assembly and the Security Council, which means that the Security Council could veto appointment of any independent judge. In usual practices, the permanent five of the Security Council will have independent judges from their own nations in the International Court, so at least a third of independent judges will come from the permanent five of the Security Council.
Let’s have a look at influences of the Security Council to the Secretariat. The Secretariat is administration organ of the United Nations. As administration head of the United Nations, the secretary-general is appointed by the General Assembly upon recommendation of the Security Council, which shows that candidate of the secretary-general is actually decided by the Security Council.
So it shows that the Security Council members’ roles in and influences to the United Nations are not only reflected as that the core rights of the United Nations are completely controlled by the members of the Security Council, but also that their influences to other organs are large and actually decisive. So association of these members could be deemed approximately as organization controlling the whole United Nations, which has further increased legality of the foundation plan of the advantageous group, and the foundation plan thus prepared will be a much advanced plan.
Whether the advantageous group must have 15 founding members? Or in other words, whether the number must be similar to that the Security Council, which is 5 (permanent five) + 10 (non-permanent members)? It is unnecessary in theory.
Analysis of decision-making process of the Security Council shows that all decisions made by the Security Council need affirmative votes of 9 members, and non-procedural proceedings could be only approved that none of the permanent five exercise veto, then all resolutions could be approved if the permanent five and 4 non-permanent members vote affirmatively.
Although the advantageous group is made up of many members, nation is no longer independent after it joins in the advantageous group. It will merge into the group, and become part of the group. As every decision of the advantageous group is made by the group, rather than by individual members, we can infer that every decision of the advantageous group will get unanimous consent of the members.
Conclusion of above analysis is that if 9 nations with broad representation could found the advantageous group, then the requirement of legality could be met. The precondition is that these 9 countries must have representation broad enough. Such representation should be comparable to that of the Security Council. The permanent five must be members of the advantageous group, because tenure of the permanent five is “permanent”, and every nation of the permanent five has veto. If any of the permanent five is not selected as founding member of the advantageous group, when this nation opposes lead of the advantageous group or disagrees with policy of the advantageous group, the circumstance will equal veto of the nation, which doubtlessly means that the advantageous group has no authority, or execution of policy of the advantageous group is illegal, and all these equal that the advantageous group itself has lost legality. This requirement could be met if there are 4 suitable nations besides the permanent five. This requirement could be called 5+4 requirement, namely America, Russia, China, the UK and France plus 4 other suitable nations.
Of course, composition of the advantageous group should consider other requirements. 5+4 is the minimum threshold. The advantageous group foundation plan should not refuse to increase member amount if it is favorable to foundation of the group and exercise of roles of the group.
II. About Feasibility of the Plan
To consider legality only is far from enough for foundation of the advantageous group. Another issue that must be considered is feasibility, or in other words, whether the advantageous group could be founded easily, whether the advantageous group could easily merge other nations, and whether the group will have enough power the lead the whole world to the great unification.
To make the foundation plan feasible and practical, several principles should be set in following aspects:
1. Number of Founding Members of the Advantageous Group
It is certain the less founding members of the advantageous group, the easier for the group to be integrated. Because the less the founding members are, the smaller the difference will be. Both religious conflicts and national conflicts will be less, and difference of people’s living habits and economic gap will be small also, so the negotiation before foundation will be easier, and disordering factors will also be less when the nations get associated.
But founding members of the advantageous group can’t be too few also. Firstly, if the founding members are too few, representation of the group will not be broad enough. Secondly, if the founding members are too few, strength of the advantageous group won’t be large enough. There are a group of powerful nations in the world at present, if these countries are not absorbed as members of the advantageous group, it will not only result in insufficient strength of the advantageous group, these powerful nations that are independent from the advantageous group will also become threat to the advantageous nations. What’s more, if these independent powerful nations get associated, leading position of the advantageous group will be shook fundamentally.
Founding members of the advantageous group shouldn’t be too few, or too many, this is a basic requirement. In aspect of feasibility, the members could be increased only if it will not influence foundation of the group by the core nations and fusion of the group.
2. Economic Scale
Economic scale of founding members must be as large as possible, because economic scale is base of a country’s strength. Advantageous group must have strong power to rein the whole world. As it is impossible for the advantageous group to have too many founding members, and every founding member should be strong, in aspect of economy at least.
3. Territory and Resource
Territory and resource actually mean the same question in broad sense, that is resource. Territory is a part of resource, while resource includes more contents, oil, iron ore, water, forest, etc. all belong to resource. Some countries are small, but are very rich of resources, the other countries have vast territory, but scarce resources. It’s very complicated to analyze resources of every country specifically, so we will simplify resource problem to territory problem and take it as a standard.
There are three reasons for such simplification, firstly, generally speaking, territory is directly proportionate with total resource; secondly, though some area has no resource at present, situation may change in the future, take Middle East as an example, there used to be a vast barren desert, but it became rich oilfield after oil was discovered; thirdly, another significant meaning of area of territory is above concept of resource, analyzing from view of military strategy, vast territory means deep strategic depth, so military strategic advantage is large. Because of small territory and too limited strategic depth, a small nation’s resistance to continuous attack will be very limited even if the nation masters advanced weapons and enormous economic strength.
So using the standard of territory to simplify resource problem and the denotative strategic problem, could not only simplify the problem, but also could review strength of founding member from a wider aspect.
In aspect of territory, there is another important factor that should be considered, that is connection of territory, or in other words, we should not only try to choose nations having large territories to be founding members of the advantageous group, but also consider whether territory of the advantageous group could connect to form a whole piece.
Of course, selection of founding members should consider many other factors, if it is really necessary to select a nation whose territory couldn’t connect with others as a founding member, such nation should be quite particular. Major parts of the advantageous group should connect to form a piece.
4. Military Strength
Without absolute military strength, peace will have no safeguard, what’s more, the direct reason why the advantageous group could lead the whole world is military advantage of the group. Because of such advantage, all nations are willing be obey the group’s lead. Military strength of founding members constitute military strength of the advantageous group, total of military strength of founding members is military strength of the advantageous group, so military strength of nations is also an important factor that advantageous group foundation plan should consider.
5. Consistency of People’s Living Standard
Consistency of people’s living standard means that gap between people’s living standards of founding members of the advantageous group shouldn’t be too wide, because too different living standards will certainly cause quite different lifestyles, education levels and behavior habits. When such discrepancy reaches a certain degree, it will become very difficult for different groups to get along in the society, which may cause many troubles to governance of the advantageous group.
It is also impossible that living standards of the founding members are completely same. In fact, people’s living standards within a nation are also uneven, take China as an example, per capita income of Shanghai is 11 times of Guizhou, this gap is quite wide, though the gap brought many social problems, stability of China society is quite good in the world at present.
When selecting founding members of the advantageous group, to confirm a proper standard for the gap, other factors should be considered also. In principle, the narrower the better, but it is a solid fact the living standards of different nations are quite different. When setting standard of income gap, that the gap shouldn’t influence fusion of nations will be a principle requirement. Generally speaking, if gap of per capital incomes between member nations isn’t over 10, it will not influence fusion of nations to a great degree. When calculating per capita income, purchasing power parity method is more scientific than calculation by exchange, because purchasing power parity could remove unreasonable factors in calculation by exchange, and could better reflect people’s real income.
6. Factor of Religious and National Extremist
Religious and national extremism is an important factor that causes social instability. With extremely mad religious and national passion, terrorism appears. Religious extremist rejects and hates other religions, likewise, a national extremist also rejects and hates other nationalities. Religious extremism and national extremism are incompatible with spirit of the great unification.
It is not advisable to select religious and national extremist nations as founding members of the advantageous group, but that doesn’t mean forever rejection. After the advantageous group is set up, it will use its leading position to require and lead the nations to improve their policies according to requirements of the great unification, including weakening religious and national concept and abandoning extremist policies. When such improvement has reached certain degree, the nations could be able to meet requirements to be members of the group, and the advantageous group should timely accept the nations as its members.
III. On Justice of the Plan
Justice principle is to ensure that the advantageous group foundation plan could represent principle of equality and rationality, and whether it grants equal opportunities and rights to different regions and groups. By simple analysis, we can conclude that to meet justice requirement, members of the advantageous group must have wide representation, because only wide representation could fully represent democracy and human rights, ensure that the advantageous group has wide supports, and the nations are willing to obey lead of the advantageous group. What specific factors should be considered for justice of the group?
1. Nation Amount and Population
It’s doubtless that if all nations are members of the advantageous group, representation and justice will be the largest, but it is impossible, because the situation is final objective of the advantageous group, the great unification, rather than foundation of the group. While vice verse, if there is only one founding member, the representation is too limited, and justice is the lowest, it is more like unjust governance by a super power, rather than the advantageous group.
In aspect of difficulty in founding advantageous group, the former is the most difficult, while the later is the easiest, but both extreme types are undesirable, because the former is actually very difficult to be realized, we will choose the transform plan of advantageous group, and the later does not only go against the principle of justice and legality, but also couldn’t meet leading ability requirements of the advantageous group, because not any large and most powerful country in the world could rein the whole world independently from other large nations. To found advantageous group under the principle of legality and justice, with suitable nations as founding members and certain representation is guaranteed is reasonable and practical.
In view of population, representation of advantageous group with quite small population will be weak, while conditions for an advantageous group with population over two or three billion will be quite different. The advantageous group with population almost equal to population beyond the group will be quite convincing, and its representation is very wide also. What’s more, the nation usually compares its population with population of the advantageous group, so its conflicting emotion will be little if it is led by an advantageous group whose population and strength are both much larger than the nation’s. So the larger population of the advantageous group, the better, but other conditions of the members should meet requirements also.
2. Issues about Nationality and Race
The advantageous group should have wide representation in every aspects, of which nationality representation is doubtlessly very important. There are over 10,000 nationalities in the world, it is impossible to include all nationalities in the advantageous group, and it’s unnecessary to do so either. As racial problem is much simpler than nationality problem, and racial problem contains national factors, we could simplify the representation of nationality as racial representation.
Generally speaking, global races include white race, yellow race and black race, or in other words, Europeoid race, Mongoloid race and Equatorial race (someone will further divide Equatorial race into Negroponte type and Australia type—the black and the brown, as population of brown race is very small, to avoid complicating the problem, we will not divide further), which distribute in nations. While selecting members of the advantageous group, to use race to replace nationality as index of scope of representation will make the problem much easier.
Wide representation of race means that founding members of the advantageous group should contain nations with above three races, and should not only contain founding members that have some race or some two races, so meaning of wide representation of race could be extended as representation of nationality.
3. Regional Representation
According to regional distribution of mankind, the whole world could be divided as Asia, Europe, Africa, North America, South America and Oceania. Regional representation is an important composing part of wide representation of the advantageous group.
Different groups of people live on every continent, regional features have decided different situations, living habits, cultural backgrounds and histories for difference races, as well as regional concepts more or less. If such regional feeling is overlooked in selecting members of the advantageous group, then the whole continent might resist leading position of the advantageous group, such resistance is from a continent, so its strength is much larger than resistance of a medium or small nation.
What’s more, wide regional representation itself is a composing part of justice. As lead of the just undertaking of mankind, the advantageous group should handle all issues in the principle of justice and legality, so in aspect of regional representation, it’s very necessary to select members of the advantageous group in the principle of justice and rationality.
4. Religious Representation
Religion is important spiritual sustenance of mankind. Mankind’s belief in religions runs through human society from its beginning. At present, there are over 100,000 kinds of religions, but most of them are new sects, because in some nations, anyone could register a religion if he wants. Though there are many religions, main ones are few. The commonly recognized religions are only Christianity, Islamism and Buddhism. Some religions are not world religions, but are very large scaled and very influential, such as Hinduism and Judaism. Some religions will have many sects, for example, Christianity is divided into Catholicism, Eastern Orthodoxy and Protestantism, and Islamism is divided into Shiah and Sunni.
To ensure wide religious representation doesn’t mean to include all over 100,000 religions in the advantageous group, because members of the group will be very few, and it’s impossible to include all these religions. Though there are many religions, the really influential ones are few. In aspect of wide religious representation, the feasible way is to include nations that have major religions as national belief as members of the advantageous group. Religious extreme nations shouldn’t be considered as members of the advantageous group, because it’s very difficult for religious extremists to get along with disciples of other religions. It’s certain that three world regions should be considered.
Wide religious representation is very important, it’s not because of requirement of justice, but also because religious belief is more important than other believes. Religious feelings occurs from religious believes are deeply rooted in disciples’ hearts. Wide religious representation could cohere feelings of disciples, and effectively avoid conflict, resistance and killing caused by religious hatred, and avoid problems of religious feelings and discrepancy and conflict in the advantageous group, so that to create stable external environments for effective leading of the advantageous group.