Law campaign
An international law of the biosphere needed
Kamal Wadhwa
Any emergence of a new international economic order to redress the disparities of wealth and opportunity between North and South must emphasise equal access to the vast reservoir of untapped mineral resource wealth situated in the Earth's biosphere.
To match territorial, space and laws obtaining on the High Seas, a system of rules to govern and adjudicate the exploitation of wealth in the bowels of Mother Earth must now find root among nations who are still disposed to view international law as a viable means to obtain justice however limited its practical benefits might seem. Lawmakers across the globe must now plan and formulate their conceptions into an “International Law of the Subterranean” or, more aptly, an “International Law of the Biosphere” to adjudicate and decide conflicting claims to scare, often precious, resources found in the Earth's interior.
A body of laws is needed to map the Earth's biosphere not only to determine how and when nations will have access to natural resources individually, jointly and severally, but also to set limits and restraints on wanton and senseless exploitation of such resources by strong and wealthy nations to the detriment of the new economic order they deem to be their goal.
Inasmuch as the Earth's surface, its oceans and skies, have been mapped minutely, meticulously and in detail by geographers, oceanographers and airmen, it is now incumbent upon modern Man to look below himself into the hidden recesses of the subterranean world from which he proposes to enrich himself in the coming decades of resource scarcity. In an Atomic Age where more and more nations seek the wherewithal and the means to power their industries and fuel their defense programs, a premium is placed on finding mineral and chemical wealth in the Earth's interior. In brief, it is time to turn our attention to the neglected quadrants of the earthly sphere and farm them judiciously to ensure plenitude and abundance for all nations. National states must now achieve international comity to ensure that not all resources are expended selfishly so as to deprive other nations of a meaningful future.
International comity is needed to guarantee that those nations lacking mineral and natural wealth will b accorded a modicum of such wealth to meet and satisfy legitimate needs of survival. In practical terms, this means that resource reservoirs or “mineral banks” will have to be set up to apportion and share rare and scarce resources to benefit all nations equally. Nations not in immediate need of fossil fuels and rare metals may divert or postpone their consumption thereby guaranteeing their peoples a richer future. In a world demanding immediate satisfaction and instant gratification, international tests of morality and lawfulness will soon acquire a material and economic dimension as resource scarcity and poverty follow in the wake of the present profligate and adventurous resource expenditures.
The organs of international justice such as the World Court at The Hague and the International Criminal Court will not only have to adjudicate and arbitrate disputes between member nations, but also find ways to prevent costly litigation over claims to covert resources to be found in the Earth's interior. The World Court, in particular, must direct research under its auspices and tutelage to draw up and implement a system of rules and regulations binding on all nations subscribing to international law.
Prior to setting up universal and binding guidelines to regulate the farming of resources in the Earth's interior, the scientific and educational arms of the United Nations must study and research the prospects of channeling warring nations into separate developmental paths to eliminate competition over commonly desired resources. In practical terms, it would become desirable for each nation to choose it own peculiar and unique developmental mode and the appropriate economic strategy to achieve it.
The propaganda organs and the information media in each nation must attempt to influence the public to adopt a lifestyle more conducive to economizing natural resources in the interests of preserving world peace. Education imparted to youth in the developed countries, in particular, must wean them away from the false notions of economic progress inherited from their elders. North and South must come together in a forum to set up a New Economic Order based on principles of international justice and equity.
The writer is former Assistant Editor of Lex et Juris -- The Law Magazine and now a freelance writer and journalist based in Mumbai.
