Showing posts with label ACL Books. Show all posts
Showing posts with label ACL Books. Show all posts

Friday, December 13, 2013

Behind the Green Mask of Rosa Koire

Behind the Green Mask of Rosa Koire
by Niki Raapana with Nordica Friedrich
Anti Communitarian League
Friday, December 13, 2013

Silent coup, holy coup, all are tricked, all are duped,
Round Green Virgin kills mother and child,
Holy infanticide, death with a smile,
Die in heavenly peace, die so the planet can breathe.

Just as Jesus was born on a silent night, Communitarianism was born of a silent coup. But now, after centuries of quiet obscurity, Communitarians are popping up everywhere! They too have risen!

Communitarianism is the miracle ideology! It's the New World Religion. It's the New World Justice. It's the New World Constitution. It's the New World Policing. It's the New Human Rights. It's Big Mother! Everyone loves it. How can we not? Gosh golly, even the Pope said Communitarianism is God's plan.

Communitarianism, according to the Communitarians, is the final, perfect stage of human social evolution. Anyone who does not embrace the Communitarian Goddess is an unevolved heretic.

Thirteen years ago when the Anti Communitarian League was first formed, most people we told about it had never heard the word Communitarianism used once in their lives. It appeared in so few dictionaries or encyclopedias published prior to 1980, some people actually accused us of making the word Communitarian up! It was so obscure it also didn't seem very important to anyone. People figured if it wasn't important enough to be on the news, then why should they even care about it? It may not be recognized by facebook yet, but the word is finally going mainstream. Now it's explaining what the word means and why we oppose it that's the biggest challenge we face, especially the way it's coming out.

We are convinced Communitarianism is an emerging religious law that can have no logical opposition. If it is allowed to continue manifesting without any barriers to its growing power, everyone will soon learn that to deny the perfection of Communitarianism is akin to denying the perfection of God. Our main purpose in gathering so much research and writing so many papers, articles, and our two books over the past ten years, was to expose what we stumbled upon while researching what happened to us when the City of Seattle used our neighborhood as a pilot test for Communitarian Law in 1999.

We identified Communitarianism as the Philosophy behind the new law in March 2000. We found the theory so repugnant we risked life, liberty and happiness to expose the new legal system as a fraud. We endured years of ridicule, semi-starvation and the loss of the love and respect of family and friends. For some stupid reason, we always assumed when it finally came out in the open, we'd be validated.

Today the word is used more and more as if it's always been part of the American language. Did ya know? Jesus Christ was a Communitarian. The American Revolution was a Communitarian Revolution. The U.S. Bill of Rights was written as a Communitarian clause. America is coming together as Communitarians, because Communitarianism has always been a part of everything.

We're hearing the word used frequently, and only as a “good thing” by activists, Catholics, Conservatives, Protestants, Muslims, Mormons, Pagans and even atheists. We saw the Occupy Wall Street movement, the Zeitgeist and Thrive Movements all come out as Communitarians. Community gardens, neighborhood bbqs, people helping people... it's all now identified as Communitarian.

It's really been amazing to witness it. Writers suddenly throw the word out as if they've always used it and everyone should know it's a “good thing” (some of the same ones who told us we made it up ten years ago!). We're watching Tea Party politicians move to the Communitarian middle (Sen Mike Lee, UT). We're witnessing national constitutions being rewritten as Communitarian (Bolivia, Scotland).

Everything we wrote about Communitarianism since 2000 is happening openly today. But, so far we haven't received one apology from one person we know who mocked us for our research. Our family and friends haven't forgiven us (or themselves). Nobody has nominated us for a PhD or Pulitzer in Investigative Journalism, either (hahahaha, as if). We still haven't been officially recognized for creating an entirely new school of philosophical thought because, under the dialectical theory, there can never BE any scientific argument opposing the final, perfect synthesis of all other theories.

Just in case you were wondering, ours is the only existing reasoned opposition. Why? Not because Communitarianism is so perfect it cannot be scientifically thrashed. It can. That part is almost easy. It is simply forbidden to speak of it as if it isn't a valid, final, dialectical argument against individualism. We broke the silent rule all dysfunctional families know; we identified the elephant in the living room.

Our academic thesis has no proper place in academia. Not even upper academia is allowed to study or explore all sides of Communitarianism. Communitarian controlled academia preaches one side of Communitarianism only. Same thing with politics. There is no Anti Communitarian Party. There has never been one U.S. Political party with the courage to identify Communitarianism as a life threatening ideology. Our antithesis will never become part of the American political debate. There is none.

Communitarianism is spreading like wildfire across the planet, but only a very narrow, controlled view of it is allowed to be discussed. Anti Communitarianism, the way we define it, can never be recognized as valid, even though it is more valid than the theory it opposes. Anti Communitarianism is actually very simple to understand, because it's a clear argument against an unclear declaration of perfection.

We showed, with a properly laid out antithesis, the Communitarian premise of their own perfection is based in nothing. Communitarians cannot prove it to be the superior theory or the superior law. There is no evidence to support Communitarian claims of being chosen by God himself to deliver the message of Communitarian harmony and peace to humanity, so they can never allow for opposition arguments, especially one that proves it to be a total scam (what the Anti Communitarian Manifesto does!).

What we are seeing now is the word being introduced in thousands of places, in hundreds of different ways. It's cunningly introduced as a soft, fuzzy, milky ideology all the way to “basically communism,” or, as in Scotland, as the greatest thing to come down from Heaven since God gave Moses the “law.”

In December 2002, we co-published our now infamous paper called, What is the Hegelian dialectic? In March 2003, we co-published Part II, The Historical Evolution of Communitarian Thinking. We later named both parts The Anti Communitarian Manifesto. Written to college standards, we stated our premise and showed how we arrived at our conclusion that Communitarianism is the final synthesis in the Hegelian dialectic. We provided solid evidence to support our argument, and we included the guru of the Communitarian movement, the Israeli Dr. Amitai Etzioni, in our antithesis. We devoted years to uncovering Etzioni's major role in the “quiet revolution.” Our research shows ample, verifiable and conclusive evidence of Etzioni's position in the entire global Communitarian coup.

A decade later, Big Mother arises like a Phoenix on the ashes of the 20th century. Yet people around the world are still forbidden to ask any of the important questions about their global governance system. The elephant is so huge it's stomping on everyone, everywhere, and we still can't talk about it!

The ancient, secret, oral, religious, legal theory behind Communitarianism must remain a taboo topic. Talmudic Law mixed with Cabala can never be identified as the eugenicist mystery school driving supranational global Communitarian Law. The truth about the “Tree of Life from Zion” must remain concealed. Opposition to Amitai Etzioni must be ignored, shut down, or co-opted. Shhhhhh.

In places already completely subservient to Etzioni under the Supremacy of Communitarian Law clause, as in the EU, there can be no public discussion of the root philosophy, lies, or false concepts that make up the Communitarian legal theory. Thank goodness we are American writers. In our nation, the Right to Freedom of Speech is protected under the First Amendment to the U.S. Constitution. Lies that negatively affect the general welfare of our citizens are not protected by law in our “free” country.

Nothing we wrote is unsubstantiated. Nothing we wrote has even been proved to be unverifiable. We showed exactly how the fake capitalist versus communist dialectic was designed to lead directly to the Communitarian synthesis. We showed the foundation for dialectical solutions comes directly from the Talmud and the Cabala. We showed exactly how we found UN Agenda 21 Programme for Sustainable Development fits under the global governance model called Communitarianism.

The United States is quietly replacing the U.S. Constitution with Communitarian Law. Completely ignored by Western journalists, barely mentioned by political “experts,” and never once appearing openly on a ballot, a complicit, silent media (including the alternative media) ensures the deadly transformation of American jurisprudence is a great success! The only thing left to do now is mop up a few loose ends and eliminate any traces of opposition, mainly the Anti Communitarian Manifesto.

We are the only reasoned line of defense between local free people and global Communitarian Law. Our Anti Communitarian research is so solid no one has seriously attempted to show how we are wrong in our conclusion. The best the opposition could manage in response to our thesis was to sneer, deny, bury, mock, change the subject, and ignore us. But now, after over a million people have read our original antithesis, after thousands of people now know, from us, more about Communitarianism and Zionism than anybody is supposed to know, our enemies resort to a hideous deception.

Behind the Green Mask of Rosa Koire
Leading the latest wave of American opposition to UN Agenda 21 and Sustainable Development is a California Democrat named Rosa Koire. Rosa promotes herself as an expert. Expert in what? UN Agenda 21? Sustainability? Most certainly. She knows as much about the UN Agenda 21 plan as her expert teachers at the John Birch Society do. There's no doubt newcomers learn a lot from her. Rosa knows exactly how the plan works to take American's private property.


Rosa Koire read our original works on Communitarianism in 2010 and emailed me to tell me it was “excellent.” She re-named her 501(c)(4) the Post Sustainability Institute and defined Post-sustainability as “the condition of environmental, political, social, and economic systems after the imposition of Communitarianism.” (Notice it does not say “law”.)

The PSI mission declares the PSI is a “non-partisan, non-governmental think tank established to study the impacts UN Agenda 21/ Sustainable Development and Communitarianism have on liberty, by tracking the progression of the Sustainability movement and forecasting likely outcomes.” The PSI mission says Communitarianism is the “dominant form of world governance.”

At a glance it all sounds great, and even I was kind of okay with the PSI mission, at first. But the truth is, the ACL is the only place in the world that published any scientific, theoretical research about LA21 being part of global Communitarian governance. Besides our long research topic page on Agenda 21 and Communitarianism, first published at the ACL website in 2003, the ACL published the original and only existing reasoned antithesis to Philosophical Communitarianism. Where are the papers produced by Rosa Koire's PSI think tank? They don't exist. The PSI “think tank” has never published one original scientific study on Communitarianism showing it as the foundation for LA21.

Rosa published her book about the plan, Behind the Green Mask: U.N. Agenda 21, in 2011. The first two lines of her book are “The arm of UN Agenda 21 is long and reaches into every area of the world. The Philosophy of Communitarianism pervades this plan.”

Again, there is no direct citation for Rosa's opening statement about Communitarianism pervading the plan. She states it without ANY attribution or showing how she arrived at this original conclusion. She shows no valid scientific path she took or where she even got her idea. She cannot defend it. She simply announces the Philosophy of Communitarianism is behind Agenda 21 like she decided that was what it is with magic. Rosa cunningly states our copyrighted antithesis to Communitarianism over and over, as if it requires no direct attribution and no clear citation of her source.

I called it robbery when I finally read her book earlier this year. Rosa defended her stealing it on my blog by saying our copyrighted, original antithesis belongs to the “public domain.” As she is a “forensic commercial real estate appraiser specializing in eminent domain valuation,” Rosa made her personal fortune off the government's “right” to TAKE private property for the public good. Now she is making money off our intellectual property, our copyrighted, private property, protected by law under the U.S. Constitution, because she decided it was necessary to TAKE it from us for the public good. Rosa seems to think her “twenty-eight year career as an expert witness on land use and property values” gives her some extra special legal insight into what constitutes the value of our intellectual property.

At first I was honored to be recognized by someone of her caliber for all the published work we have put out. After Rosa emailed me it quickly moved to voice, with us chatting it up, sharing stories and gossip. I had the impression we were going to become friends. I told her I was exhausted, sick, losing teeth and steam after our decade of intense research and writing on Anti Communitarianism. I was camping year round in Alaska (still am) and barely scraping by. Sales of our books were slow, not enough to even keep simple food on our table, so I was ready to do whatever she asked of me in hopes it would increase ACL Book sales. When she linked to the ACL and said I was a member of PSI Board of Directors, I really thought the ACL finally had a strong ally. Except... I did notice how she used our original thesis in her PSI mission without attributing it to us anywhere in her mission statement.

So, it shouldn't have been such a shock to finally learn in 2013 that for the first 107 pages of her book she used the term Communitarianism repeatedly to back up her Anti UN Agenda 21 position, without once citing the ACL as her source for the connection between the two. When she finally does mention me, just me and NOT my co-author Nordica Friedrich, it's as if I'm just someone who taught her about the Hegelian dialectic, because I'm the world's “foremost critic” of Communitarianism.

On page 108, Rosa says, “I learned about the Hegelian Dialectic from Niki Raapana, the world's foremost critic of Communitarianism. Her book, 2020: Our Common Destiny, is an excellent analysis of the supranational movement of Sustainable Development. The Hegelian Dialectic is the philosophical basis for Communitarianism. The idea is that true freedom only comes through slavery to the state because then all free will is relinquished to a higher order (government).”

Is it clear to Rosa's readers at this point that, “The Hegelian Dialectic is the philosophical basis for Communitarianism” is our original thesis, or that everything they read about Communitarianism for the last 107 pages of her book was just an unattributed rip off of our original works? I seriously doubt it.

There are two co-founders of the ACL, two authors of What is the Hegelian dialectic?, two contributors to 2020: Our Common Destiny, and, 2020: Our Common Destiny is NOT about the Hegelian dialectic.

Rosa Koire knows how to speak up at meetings and flyer neighborhoods, but she is not capable of writing a whole new philosophical school of thought, as we did with our Anti Communitarian Manifesto. Her misleading and absolutely wrong explanation of communitarianism, using watered down milk, is so unbelievably stupid, I wonder why she bothered to try to “explain” it at all.

Why did Rosa start out in her opening paragraph denying the existence of Communitarian Law, EU Communitarian Case Law and the acquis communitaire, Communitarian Harmonization and Norms, the Earth Charter, the Declaration of Human Rights, the Communitarian Constitution of Bolivia, the International Court's Communitarian case against Pinochet, and other existing legal documents with: “Communitarianism 'balances' the rights of the individual. Because the rights of the community are not defined in a constitution they can change without warning or notice; one's individual rights are balanced against a continuously amorphous rulebook.” We'll come back to this later.

Why didn't Rosa cite us as the source for the additional ABCD research she ads to her personal story of Jim Diers on pages 128 to 132, especially when she says “This is Communitarianism.” on page 130?
She refers to Seattle (where we learned about ABCD in 2000), ties it all to “mapping community assets” (Chapter Three in 2020), and almost verbatim quotes my 2005 One Nation Under Siege video interview where I describe the 11 page ABCD questionnaire. She refers her readers to the copy of it posted at her website and neglects to mention we have an entire chapter devoted to it. She got most of what she writes about ABCD and mapping from us. We exposed the Obama's training in ABCD. We devoted Chapter 4 of 2020 to the GIS and Mandatory Volunteerism. Reading Rosa Koire's book, there is no indication that she “borrowed” so heavily from two author's copyrighted works.

Exactly like we did in our book 2020, Rosa begins her book “teaching” Communitarianism. Then she tells the story of two womens' local resistance to the plan, and how they found UN Agenda 21. Except for our Big Mother's Double Tongued Dictionary and international contributors, Rosa ends her book exactly like we did too! Is it worth noting here that it was Nordica Friedrich who laid out the entire format for TACM and 2020, Nordica who made it a “story of how two women followed a paper trail from their lowly Seattle neighborhood to the elite boardrooms of the United Nations?”

Did removing Nordica's name and private property ownership from ALL our published works make it easier for Rosa to steal it because she wasn't stealing food directly from Nordica's babies' mouths? What WAS the point of her doing that? It just doesn't make any sense. Did she take Nordica's name off everything we published because Talmudic Law requires “two witnesses” to report a crime?

According to Property Rights expert Rosa Koire, Intellectual Property, U.S. copyright claimed by poor authors like us who can show over a decade of original, published work, can't be controlled by the minds that actually created it and copyrighted it. It's simply not ours anymore! Why does Rosa think our intellectual property belongs to her and the public domain? Well, our original, hard work is just so important we don't get to own it. Is that a decision she made based on Talmudic Law?

There is one major difference between our stories. We gave up everything to do our research, we went broke to sue the City of Seattle, to build our massive website with over 10,000 exit links to direct sources, and to write our books. Rosa boasts of her fund raising skills and tells readers about how her neighbors jumped out of their seats to write checks so that she could sue her city. Rosa Koire raised half a million dollars for her lawsuit (and she's doing it again now). We never raised a dime.

We were just defending principles in Dawson v Seattle, not principal, so we had no great outpouring of support. We were not defending our own land, so we had zero interest from other concerned land owners. We were just poor tenants. No business leaders were on our side. We didn't have homeowners on our side. (What about the ACLU? That's another joke on Americans.) Nobody cared then, or cares now, if renters have privacy rights or not. There wasn't one group in the nation willing to help us fight the Israeli Community Policing innovative new home invasion strategies. There still isn't one.

Rosa writes on page 31: “Familiarize yourself with Communitarianism. It's the political philosophy behind all of this. It states the individual's rights are a threat to the global community.” {emphasis added} “It” doesn't state that! Who is “it”? Are we an “it”? We, Nordica Friedrich and Niki Raapana, are human beings. We stated it, yes we did, that is part of our Anti Communitarian legal analysis.

Rosa Koire's rise to the front of the Anti Agenda 21 “movement” was accomplished by promotions of her by Property Rights groups like the Eagle Forum, Tea Party, John Birch Society, Michael Shaw of Freedom Advocates, and somebody she calls “Mr. X.” We were never promoted by any of these groups, except for a short time in 2008 when Michael Shaw began citing our work and his wife sent us a few sweet donations. This ended abruptly when Shaw changed his mind and began promoting the “Permanent Revolution” work of Terry Hayfield (JBS), an online wacko who had been stalking Nordica and I in internet forums and emails with a crew that all had names from the Wizard of Oz. Patrick Woods, editor of the August Review, and his son Jason can testify to that bizarre scene.

Michael Shaw dropped the word Communitarianism from his Anti Agenda 21 lectures in 2009. He began calling it “tyranny.” We never got any explanation of why he did that. Tyranny? Rosa told me Michael Shaw's father is the one who designed her vaguely familiar book cover, but who is the real author of the outrageous claim in Rosa's book that Zionism has nothing to do with UN Agenda 21 because Israel is a just a nationalist, tiny country! Not even Rosa Koire is that brazen, is she?

Why would Rosa Koire lie so boldly as if nobody would notice her big lies? The path to answers starts by looking at the missions of leading Right Wing “free enterprise” capitalists. We see they almost all promote a “return” to Biblical Law and Christian values. They don't just mean the Ten Commandments, they mean Talmudic Law. Even U.S. Supreme Court Justices and Bush II insisted the oral, mystical Talmud is the actual basis for the entire American justice system in 2002. The big lie goes unchecked.

The truth is, the deadly, silent global Communitarian coup is almost complete, and the last thing the
Communitarians need is for anyone to understand what Communitarian Law is before it's a done deal.

Why does Zionist Glenn Beck promote Koire's plagiarized, milky version of our work, and not ACL Books? Why does the Tea Party patriot movement promote Rosa Koire's milk and lies alongside the John Birch Society, and not ACL Books? Why do the Libertarians, the Ron/Rand Paul Right, Rockwell, von Mises, Tom Woods etc. continue to ignore or barely name the most important economic topic of the twenty-first century? Ever heard of a Conservative Communitarian? Libertarian Communitarian?

Why, it's such an amazingly perfect synthesis there's even Anarcho Communitarians now. The Third Way synthesis merges all political ideologies and religions under Communitarianism. It's not a murky combination of milk and water as Rosa teaches. It's a murky combination of politics and mysticism. All sides play a role. Rosa has obviously learned her far right Christian Zionist pals play theirs expertly.

Our 2003 ACL mission statement is very clear that we do not endorse any race, religion or culture that claims to be superior to everyone else. Nordica often describes 2020 as “our treatise against racism.”
2020: Our Common Destiny shares our conscript experience alongside evidence of U.S. Community Police training in Israel, called “the Harvard of Anti Terrorism.” The ACL provides an abundance of evidence of Etzioni's commitment to Militant Zionism, and it's all taken from his own published works.

Rosa calls identification of the role of Zionism part of “the dialectic.” This is an utter twisting of our original thesis that the Hegelian dialectical formula leads to Communitarianism. How is it possible to remove the Zionist father of Communitarianism from any expose of dialectical Communitarianism?

The Zionist father of Communitarianism has not only written over 30 books about the need to rebuild America into a Communitarian society, his plan for a More Muscular U.S. Foreign Policy is cited in Daily Pentagon Briefings. In the world of Communitarian deceptions, any outrageous lie is possible.

What is global Communitarianism without Etzioni, Zionism or Talmudic Law? Watered down milk.

Rosa's real reason for stealing all our ACL research and misleading readers into thinking it is all hers is stated clearly by her on the top of page 31, “Calling it a Zionist plot is absurd considering that Zionism is a nationalist movement that is completely opposed to the dissolution of boundaries.”

This reference Rosa made to Zionism was her perfect opportunity to show her readers her commitment to the whole truth, to full disclosure of the global governance plan, by sharing all known facts with her readers. Doesn't she trust her readers with all the facts? Why wasn't it important enough for Rosa to mention at this point, or at any point in her book when she said “Communitarianism,” that a lifelong Zionist, an Israeli soldier adept in Cabala, whose name means he's the “tree from Zion,” introduced the world to Communitarianism, and maybe that's why some people might call it a Zionist plot? But of course Rosa makes sure we get a geography lesson designed to lessen the reality of Israeli influence based on its size: “(Israel is about the size of Vancouver Island and slightly larger than New Jersey.)”

Facts are just facts. It's impossible to deny Zionism is also a spiritual commitment to Israel made by millions of Christians, worldwide, mainly as a result of the new Schofield Reference Bible saying any Christian who doesn't support Israel will go to Hell. Never mind that millions of American non-Zionist taxpayers are forced to support Zionism to the tune of trillions. Zionism is a lot more than a little nationalist movement, and Rosa Koire is very cunningly deceptive when she tries to bury some facts.

How is it possible to say such an idiotic thing when she's surrounded and paid very well to speak by so many middle class American Christian Zionists? Besides the Irgun family legacy assigned to Obama, Dr. Amitai Etzioni and other notable “dual” citizens in positions of American power and influence, besides the obvious American Jewish support for Israel, there are millions of Christian Zionists in the USA. There are more Zionists in America than there are in Israel. Rosa Koire doesn't know that?

Rosa writes on page 31, “Another reason why you may not have heard of UN Agenda 21 before is because opposition is often conflated with anti-Semitism.” The accusation of racism against Jews is a familiar tactic used whenever anyone even barely mentions Zionism in a political science paper, but this is the first time I have ever heard this! Opposition to Agenda 21 was always controlled by Zionist Christians who refused to link to our research because they said we were “anti-Semitic.”

We think this slur is entirely unfounded, considering the factual reality that many Jews worldwide are ANTI Zionist, just as we are. Zionism is NOT a race of people. It's not even a religion, it's a political ideology, and there's a lot of traditional, Biblical Jews in the world who not only disagree with it, they vehemently oppose it. Jews who oppose political Zionism are sneered at by the Zionists and called “self-hating Jews.” If we have to be labeled as haters because we oppose Zionism, it would be more appropriate to call us “self-hating Americans.”

I suppose Rosa's readers don't need to know their holy Zionist Communitarian guru Etzioni was financed entirely by another globe trotting Zionist named George Soros, either. Rosa wants her readers in the dark forever. She ridicules any of her readers who may ask pertinent questions about Zionism. Is Rosa Koire a professional Zionist propagandist as well as an expert in public domain takings?

So much for her PSI claim to be “non-partisan!”

The extremely partisan Zionist “resistance” to LA21 has been trying to shut us up for a long time. They tried so many different tactics to get us to stop using the word Communitarianism, maybe someday I'll write them all down. But wow, I gotta say now that having someone steal our work and revise it to fit the politically active Zionist's need for complete impunity... that's a first.

Zionists are not the least bit interested in exposing any facts that point to their influential role in furthering Communitarianism, and will shut down any writer who does. We've been working on the fringe of the Anti Agenda 21 arena for 13 years. I say fringe because our work was outright rejected by the Anti Agenda 21 leaders, because we include the taboo subjects of capitalism, Zionism, Talmudic Law, and Etzioni in our research. All we had to do to be “successful” was to shut up about the law.

I was censored by newswithviews for naming the Judaic Law Institute. We've been stalked online and personally visited by Zionists for 12 years now. It's not always the same method but it always ends at the same place; we get told to back off. Sometimes our visitors are very friendly folks. In 2009, a U.S. Army Pentagon analyst and his wife came all the way to Kenny Lake, Alaska to tell me to, “back off on the Mossad.” I told Sgt Brian Bloomquist to go back to DC and put Etzioni's name in his DoD Known Terrorist database, and then to tell the Pentagon to send me a check for doing their job.

Ten years ago, Etzioni's office staff claimed in an online public forum that we said Communitarianism was a Zionist plot. (One Etzioni assistant, Erin Riska, confirmed some of our Etzioni research that was speculation at the time we wrote it.) So, yes, we have heard ACL research is taboo before, but the first time I heard Agenda 21 called a Zionist plot is when Rosa Koire took her place on the national stage.

Our rights to privacy and self-determination were “balanced” because U.S. COPS are taught in Israel that we have “too many rights in this country.” National opposition to UN Agenda 21 wouldn't even begin until almost a decade after we were the pilot test for Etzioni's SWAT home inspections.

Rosa, who entered the arena almost two decades after UN Agenda 21 was adopted at Rio, mentions all the programs we wrote about. She knows Community Policing was a topic page at the ACL since 2003, it's the title of Chapter Two in 2020, but she never refers to us, our research, or our story, not once when she continually throws out program terms she took directly from ACL research. Leaders of the Agenda 21 resistance never include our grassroots experiences with Zionist Community Policing tactics.

Our current book project, Round Green Virgin, will be finished after we get the funds to complete it. The hardcopy edition of 2020/TACM was such a financial disaster our enemies will say we should quit publishing altogether! Certainly Rosa Koire demanded I quit. Rosa insisted I hand it ALL over, so her and the Shaws could take control of our books. (Michael Shaw is also the same man who quit citing us, quit using the term Communitarianism, and then told me the word Communitarianism would NOT be part of the Anti Agenda 21 “movement” in 2009.) Her reason? People want the books they pre-paid for and I owe her $1000 for the plane ticket to her 2011 Behind the Green Mask conference.

The fact that I was really too sick to fly was not a valid “excuse” for not going. When Nordica was all prepped and set to go in my place, Rosa refused to allow her to come. Nordica Friedrich was not welcome to speak at the first national conference focusing on Communitarianism and Agenda 21! (How's THAT for controlled opposition?) Of course Michael Shaw was the Featured Speaker, and the rest, as they say, is history. As for Nordica's copyright on both our books and her 100% ownership of our website and our ACL Books company... well, let's just pretend she doesn't exist, shall we?

Rosa never once offered to purchase the rights to reprint our copyrighted research. She showed utter contempt for the decade of sacrifices we made to create Anti Communitarianism. Our position as poor, humble, non-affiliated authors always made us look like easy targets. So, why pay for it?

Rosa spends half a page admonishing her readers to drop any valid scientific inquiry (as in What is the Hegelian dialectic?) because identifying religious and political concepts is “not productive, not realistic.” She says naming all the players, religions and economic theories that make up the
Communitarian philosophy “feeds right into the dialectic.” Rosa says we all need “to come together.”

Somebody please explain to Rosa, after she's done singing her Beatles' tune, that a legitimate study of Communitarianism must include all known facts about it, or it is not a scientific study.

The honest scientist is not allowed to remove hard evidence from the table just because they have a financial attachment to hiding that piece. Our work was not non-profit, grant funded, or government controlled. We've never been government employees! We don't censor facts. We include every religion and every political system that contributes to the final synthesis. We examine communism, capitalism, fascism, socialism and Zionism, as they all relate to achieving the final Hegelian dialectical synthesis.

Zionism is a political system based on dialectical religious law, and there is way too much evidence of its influence on Communitarianism (and communism and capitalism) to deny it. Who determined Zionism cannot be exposed along with the theory it supports? Who decided to drop the most important word “law” from any future discussion of Communitarianism? And, why would they?

Rosa says in her acknowledgments at the very end of her book that my books “were invaluable in making sense of the source.” I find that so vague. “Sense of the source?” What source? My co-author Nordica who she removed? And, oh my God, if by I helped her make sense of the source she means Hegel, then that's just over-the-top, because based on her stupid water and milk demonstration, I obviously didn't help her understand our antithesis against Hegel and Communitarianism at all!

Wait! She must mean Dr. Etzioni! He is the true “source” of all modern Communitarianism, is he not?

What does Rosa Koire tell her readers about our Communitarian guru, Amitai Etzioni, Dr. Tree of Life from Zion? What does Rosa Koire write about our Communitarian guru's 60+ years in Israeli military intelligence, his religio-political cult, his Fabian Socialist mentors, his influence on the White House, his KGB global Community Policing network, his global influence on local sustainability projects, his programs for mandatory volunteerism, or the Communitarian Network he founded in DC in 1990?

Shhhhhhhh.

Amitai Etzioni is hidden from her readers; Rosa Koire never even mentions his name.

And... good grief... she says there is only an “amorphous rulebook.” That's so not true, not even in the U.S. where it's all very quietly done. Communitarianism is not all shapeless soft law, Delphi Technique and shaming. It's not only coming down under UN Agenda 21 or Sustainable Development. It's not only an attack on American's Property Rights! It's not an uncomfortably vague, unformed, unstructured plan or program for development. It's a massive, very structured, organized global justice system.

On her very first page Rosa writes: “the rights of the community are not defined in a constitution.”

Why would she write something so easy to be checked and so easily proven to be untrue? She knows the Bolivians rewrote a Communitarian Constitution in 2009, two years before she published her book. How will she explain the newly revised Communitarian Scottish Constitution? And the next one? Did she miss the part in our book where we cited the blueprint for Global Communitarian Citizenship?

Rosa freely plagiarized our thesis and program research, but she not only avoided our constitutional law and Etzioni research, she purposefully negated it, as if somebody told her it was all taboo.

Rosa knows the 2005 EU Constitution was written with a Communitarian Supremacy of Law clause. She knows the foundation for trade unions under the WTO establishes Communitarian Law. She read it in our book, a book full of direct source citations of laws and constitutional changes, even in the U.S.

Rosa knows the changes to the law in the USA. She read, “In the state of Oregon, an evolving law of search and seizure suggests that communitarian precepts can be translated into workable and coherent State constitutional doctrine.” Taking Law Seriously: Communitarian Search and Seizure, American Criminal Law Volume: 27 Issue 4 Dated (1990) pp 583-617. It's cited in 2020: Our Common Destiny.

What Rosa surely knows is, if we can't look at Zionism, maybe we won't take Talmudic Law seriously,

In 2012, the Communitarian Pachamama cult unveiled their proposal for the Eleven Laws of Nature, described as “Human Rights for Mother Earth.” The proposal calls for a new UN international court with authority to try and convict anyone, anywhere, in any nation, who violates Mother Earth laws.

The Affordable Health Care Act, taking effect right now in the USA, is a Communitarian Law. The “right” to mandate purchase of health care insurance is based entirely in Etzioni's vision for the world. The enforcement arm for this U.S. Communitarian Law is the Internal Revenue Service, which has been proved, in U.S. Courts, time and time again, to have no constitutional authority to exist. The “right” to tax, fine, shoot and jail citizens, to make them to pay for programs that destroy their “right” to life, liberty and happiness, is a Communitarian “right.” This is what Dr. Etzioni means by “balance.”

On January 1, 2013, Pope Benedict declared, “Communitarian Development is God's Plan.” Should we all be preparing for an Inquisition against anyone or any nation who defies development?

What lengths will the Communitarians go to ensure the success of their global coup, besides misleading basically decent, kindhearted Americans? We need look no further than the bombed out ancient civilizations in the Middle East, some very stubborn holdouts against Etzioni's more moral, peaceful Communitarianism.

The phony, circular, go-nowhere dialectical wars between the Americans and the Arab world are absolutely necessary to leading the unwashed refugee Arab masses to accepting sub-nation status under Communitarian Harmonization of Norms. History shows us the Arab nations were strong American allies all the way up until 1948, before Etzioni and his terrorist buddies took over Palestine. The first really successful Communitarian project put the Palestinians behind a “Berlin” wall. The Green Space between national law and Communitarian Supremacy of Law is not a hidden agenda. The only “green mask” over UN Agenda 21 in the Middle East is the one the Zionists use to shield it from Americans.

There have been a few minor glitches to the plan. There are actual human beings involved as pawns, and they are sometimes unpredictable. But, regardless of how the war actually began, and why, the demands the Syrian refugees make now come directly from the old Zionist-communist playbook. Demands for positive Human Rights, very caring people insisting on fake UN rights that lead to final destruction of the world's most ancient Muslim strongholds, these are powerful Communitarian tools.

Communitarian developers are all over the world now; fellow travelers work their activist magic to foment the changes. The difference between cons and locals is simple; real locals fight to win and END the conflicts, whereas destruction of people, cultures, religions and neighborhoods is the Communitarian's first and primary goal. The cons feed off the RE-building too.

They love rivers of local blood and millions of homeless refugees. Their only real job is to ensure the locals argue dialectically until the cows come home or keep shooting 'til there's no more bullets, so they can sink their Communitarian development plan into the veins of the peace talks and settlements, as the only “moral” solution.

Hollywood actress turned UN Goodwill Ambassador Angelina Jolie touched the hearts of millions with her recent plea to help Syrian refugees. The new Communitarian high priestess (miraculously reborn into Mother Teresa II) didn't explain her humanitarian interest in Syria coincides with her family's financial investments in the UN Millennium Development Goals in Cambodia and U.S. Cities.

Pro-Syrian refugee activists insist her monetary motives do not matter. Any help is good help, right?

The authenticity of famous people or experts teaching us “truths” is really not an issue, is it? So what
if our heroes support a few “nice” Communitarian programs, like Rosa's story about how she got involved in fighting UN Agenda 21 because she wanted to volunteer to do some Community Service.

Supranational global governance is based upon Communitarian Law. The Law is a perfectly balanced mystical combination of all the world's philosophies, all the way back to the beginning of human history. The authors of this new age religion, of this complex global law religionalized, are busy as little bees incorporating every religion and legal system on the planet. No religion, no nation is safe.

What about that peculiar U.S. barrier to an Established State Religion at the foundation of American religious tolerance? Oh, you mean the ridiculous American LAW that declares everyone is free to follow their own conscience? Don't ya know? It's outdated and spiritually unevolved. It doesn't apply!

As our sweet little old Israeli Communitarian guru says:

“The First Amendment's Disestablishment clause is not a foreign policy tool, but a peculiarly American conception. Just because the American government is banned from promoting religion within the United States does not mean that the State Department and the Pentagon cannot promote religion overseas and in societies that are undergoing profound societal changes.”

Etzioni continues, “The last point is crucial. Overseas we are participating as a key architect and builder of new institutions; we are in what social scientists call 'the design business.'”

The key U.S. architect rebuilding Arab religious institutions is Etzioni. We're to believe the Arabs hate the U.S. because they “hate our freedoms,” not because we're in the “design business.”

Time for a Happy Holiday drink! Here's a new alcohol free recipe with a punch:

Mix ½ cup Etzioni's vision with ½ cup Bolivian claims that their 500 year old Goddess Pachamama is rooted in their ancient Communitarian traditions. Add 4oz shot of U.S. Senator Mike Lee (UT) and his Mormon Communitarianism. Top it off with the Vatican calling it all “God's plan.” Spice it up with the Islamic Communitarian Imperative by the Futhula Gulen in Turkey and Chiara Lubich Communitarian spirituality. Liberally garnish with American Methodist Communitarian soul. Slide angelic Lucifer enlightenment down the straw. Stir lightly. Now, take a drink and see if you can keep from gagging.

This Christmas season, do something exceptionally meaningful. Please give generously to our Anti Communitarian League research. We're hanging in there with nothing. If the ACL disappears, there will never be any scientific opposition to Etzioni or Communitarianism. Our “last point is crucial” too.

What kind of new theory of global justice needs absolute freedom from logic? Not the good kind.

“Conscience? Ah, that stuff will drive ya nuts.”
Marlon Brando as Terry in On the Waterfront

To order your $17 ebook copy of 2020: Our Common Destiny & the definitive Anti Communitarian Manifesto, go to http://nord.twu.net/acl. We're also starting our first newsletter. To sign up for our newslist or to contribute anti communitarian research to our new magazine, please visit the newly updated site soon! The new roster of ACL contributors is fantastic and shows the far-reaching range of people in exotic places who've recognized something “else” was going on that nobody had a name for.






Saturday, November 10, 2012

Five Gertee Travelers Combined

Ever since Team Gertee was evicted for scaring the tourists last summer, I've thought more about how people see us Gertee dwellers, and what they imagine we're like. Gertee definitely has her fans, we continue to meet wonderful people doing this, but we have a lot of detractors too. What gets lost in the arguments over the Gertee idea, is the fact that we do NOT suggest anyone else needs to live like this, we offer it only as another alternative option in the housing crisis to people who cannot afford to rent or buy a standard built home. Obviously not everyone agrees poor people have any right to live within their means.

The main impetuous behind my ACL research in 1999 was the way we were described inside our Seattle Local Agenda 21 Plan: "transients with a significant negative impact on the neighborhood." As we lived near the University of Washington and 65 blocks from downtown, there were many different kinds of people in our neighborhood. I found their insulting terminology unnacceptable, and I was naive enough to think I could force them to remove such foul language from their plan..

I was not a property owner or a business owner in Seattle. I was a renter, and the only reason I began the property rights portion of my all volunteer research project is because I understood U.S. law was based on property. I began studying Communitarian Law when I found it to be the source for all the changes to U.S. law that balanced individual rights against the community at large. That was in 2000. Today I am one of the most informed students on Communitarian Law in the world, and thousands of other students and professionals have benefitted from the research we so freely share online. Many of the people access our published materials and use the information to protect their homes, property and towns from invasive communitarian programs, policies and legislation.

I know it's hard for some people to understand that Gertee is an experimental lifestyle that supports my volunteer work at the ACL, mainly because hardly anyone knows what the ACL is, or what my research represents. To the average passer-by, I look just like any other poor white trash crackhead/alcoholic/public inebriate, and once someone's in the "lowlife" category they are easily written off as useless eaters. The irony of our continued defense of private property rights for Americans who snub us and sneer at my poverty is not lost on me.

But yes, I did know the outsides were dumpy looking. How dumpy they looked was proven to me by the continual "oh my I had no idea it would look like this" exclamations from everyone who came inside them. I always wished I could afford better exterior covers, they could be the most expensive and largest pieces of material Gertee uses, but I put my best materials inside and skimped on the outside.. function not beauty was the goal. Now I'm making more of an effort to make them look nice outside too, even though I'm working with even less capital than I had in Kenny Lake.

We moved to a new RV Park in July. Our new camp has 5 Gertees, one 10', one 12', one 14', and two 9'. They are attached to 4 doorways of the 10' Gertee in the middle. The center "hearth" Gertee has a woodstove under the metal roof ring/crown.



Each of the 3 main Gertees has a different roof ring and both the 12' and the 14' have 2 center 2x6" posts holding up the crowns. The first Gertee we erected was made from an assortment of leftovers. The bottom of a round bamboo chair became the roof ring/crown.

 

It worked great, and we used the "seriously recycled Gertee" to put all our stuff in while we built the main living areas with insulated floors. The first one is now the shop/office (and the only room that picks up the park's wireless). It still doesn't have a floor in it, so it can only be used if the outside temperature is above zero. It's the only floor that flooded during the big rains and floods this past fall, and the only Gertee Traveler that has a heavy duty vinyl roofcover.


Wasilla doesn't get quite as cold as Kenny Lake does, so we've got by with a lot less insulation and were able to stretch out the scraps we've been hoarding. We planned to build two, ended up building five little ones around the woodstove in the center. Now each "side" of the kitchen Gertee has a doorway with another Gertee attached.

10' central kitchen gertee going up

The center kitchen Gertee has the entrance door, woodstove in center, PVC roof poles, 2x4 wall frames. A new Tool Store opened up in Meadow Lake that has white heavy tarps for resonable prices, the 10'x10' is $10., 15'x15' is $20. The white tarps really helped them look cleaner.

Front doorway and arctic entry frame going up
 
I got a truckload of useable old/uneven boards from the lumber mill next door for $10! There was enough wood to cut the frames for both 9' additions
 
small counter and 2 stools in kitchen
 
I built the kitchen counter out of a shelf, some wood I used in the greenhouse gertee, and covered the stools and the table edge with a cut up vinyl picnic basket. The stools are metal and bamboo from a second hand store in Big Lake. The snap together flooring pad was an extravagant new purchase, one box covering 64 sq ft is $33. at Three Bears.
 
Inside entrance doorway
top of walls insulated with (unused!) adult diapers
 
After we finished the cookshack and got the stove running, we bought 2 sheets of 4'x8' insulation and 2 4'x8' sheets of 3/4 inch plywood ($120.00) and laid down a floor for the riveted pvc khana walls.
 
 
First 2 gertees covered and "done," 3rd under construction.

 
Modifying the original gertee roof ring..again!
 
I was able to put the roof up myself because of the center posts.
 
Center posts become a bookshelf.

The RV park has water/sewer and electric hookups at every site. We built the water closet as close to the sewage drain as I could fit it without crossing over the space lines. When I finally get the pipe I can hook into the drain and have somewhere inside to dump the slop buckets. Living in a "dry" space means we have to haul and store water in jugs and pots, and we are the drains too. It's more work than most people want to adjust to. I'm one of those who will be thrilled to install water and sewage pipes. I think plumbing (after electric) is one of the best perks of civilization. Spa Gertee coming soon!


9' umbrella used for a roofcover for water closet


donated new-in-package bed pads for insulation


'9' umbrella Gertee next to utilities
 
Our weather conditions mean we have to use very strong waterproof materials on the roof. Last winter Wasilla got way more snow than normal, and we learned a lot our first winter here. The most amazing discovery was how well the 3/4 inch PVC roof poles hold up under a large snowload. They don't have the weight to hold the roof down during big winds, but they bend and don't break under heavy roof pressure. Just a few sticks of rebar inserted inside the pipe adds enough weight.


16'x16' piece of donated Alyeska scrap vinyl


The vinyl works great for the roof
Wish I had more! I'd use it for floors too.
 
The final Gertee in this combination is a 9' arctic entry. This was the second one of this model so it went up, from start to finish, in about 5 hours. I cut the boards with my chainsaw. I made 7 frames, 3'Wx5'H and attached them together with cheap zip ties that busted in a big windstorm last week. Some things can't be skimped on, and zip ties that cost more but don't break are much better. I used lite rope to fix the places that broke apart, so it wasn't a big disaster.
 
Wood for 9' Gertee: 16, 5' boards and 16, 3' boards



9' new ($50.) umbrella roof for entry Gertee.


The umbrella is not waterproof so must be covered.


Finished just in time for first snowfall.
 
So far the woodstove in the center Gertee will heat all three main rooms if the outside temperature is above 10 degrees F. The back 14' will need more insulation on the walls and some sort of floor covering to be useable when it gets down past zero.
 
Nordica's been invited to be part of a theatrical production at Burchill High School in Wasilla with some slam poets and artists she knows. We're thinking of ways to build a Gertee on stage during the performance. There are over 1000 homeless teenagers in the Valley, and more than half of them attend school regularly. We think Gertee might just appeal to some of these kids who manage to keep their independence and spirit in spite of all the odds stacked against them.
 
We already know Gertee won't appeal to the middle class regulators in local government and "helper" organizations that want to put homeless in monitored shelters and micromanage their lives. Offering actual housing to the homeless is practically a taboo. Offering housing that doesn't cost much and doesn't require a bunch of paperwork and international building codes is unheard of in these communitarian times. Doing anything without grant funding or corporate sponsors is just too radical.
 
In many ways, Gertee is more of a political statement than the ACL.

Saturday, October 22, 2011

What I'm learning from social networking

I signed up for facebook a couple years ago after an 18 year old started a group there called the Anti Communitarian League. He designed the group page himself. He filled it with quotes from people like Margaret Meade and Ayn Rand, both of whom I think were players in the dialectical games, and their purpose was to lead us into the ultimate communitarian solution.

Even though I could see young Nick C. didn't quite understand all of the pieces and players who make up the communitarian scam, I didn't challenge him for quoting questionable sources to define his anti communitarian stand. I figured everyone grasps this new concept within the confines of their own understanding. His was clouded with a modern American Marxist education (the same one Nordica received). My perception is clouded with my American Zionist military patriot upbringing. Others use their religious beliefs to define it, and just as many others use their anti religious beliefs to condemn it. I've found there are as many different reactions to the communitarian theory as there are different variations on the theory. And up to this time, I've held to the assumption that it's best to allow people to figure it out on their own.

It didn't seem right for me to push my anti communitarian stand on anyone else, and while I often cajoled the American "patriot right" into looking at the law, I didn't hammer away at what I think we ALL need to think about communitarianism. I thought it was much more meaningful and important for everyone to determine for themselves where they stand on the most powerful social and political platform in the world. (And I didn't fully realize all this hammering at the Right made many people assume I am a rightwingnut too!)

What I had to finally face and admit is that it is impossible to grasp the pure evil of the communitarian ideology without letting go of every attachment we have to the bankers' economic and social theories. We cannot let go of the theories while clinging to the favored authors who taught us to join in the conflicts between all these theories.

As long as we adhere to a portion of the thesis or antithesis, we cannot see the final synthesis as the culmination of a whole process. I've spent 2 years on fb posting things that I thought would help people to explore the unnatural nature of communitarian thinking, and I've had some amazing conversations with insightful and thoughtful people.

I began calling the Occupy Wall Street movement communitarian months ago. Since then there have been members who self-describe the protests as "communitarian" and a few other mainstream writers have picked up the term. Still, I'd guess close to half my fb friends support the "Occupy" protests because they cannot see how they lead to a communitarian "solution."

"Is there a solution? Well, that depends on us. Can we live with less? Can we learn to use available resources — neighbors, vacant public spaces, social networks, community organizations — to maintain or enhance our health? Can we accept that overconsumption never really was the route to happiness anyway?"
http://rachelsigner.com/2011/10/13/how-it-all-went-down-why-we-have-the-99-percent/

It should have come as no surprise last month when the same kid who started the fb ACL page told me he doesn't see eye to eye with me politically and unfriended me.

The advantage of having a vague theory that combines all others is there's something in it for everyone. Something to hate and something to love.

2020/TACM update: We've got the pages laid out and are filling them in, shouldn't be too much longer now. While it's been a terribly embarassing long time trying to get it finished, it's been necessary time as well. There are a lot of new communitarian developments that will be part of this revised edition, and hopefully it's written with a better understanding of our readers. Again, thank you all for your continued paitence.

Friday, July 29, 2011

LANGUAGE OF SUSTAINABILITY class in Anchorage, August 2, 2011

The Post Sustainability Institute of Alaska presents

LANGUAGE OF SUSTAINABILITY

An introduction to buzzwords and legal terminology used in community development planning. Explore pop culture, etymology, history, social science and economic implications of sustainable development worldwide.

Instructors: Niki Raapana & Nordica Friedrich

Date: Tuesday, August 2, 2011
Time: 6:00 pm – 9:00 pm

Location: A Street Event Hall Ballroom
637 A Street, Anchorage, AK 99501
Located at 7th and A street very near downtown.
Across from The Anchorage Museum of History and Art.

Fee: $40, includes class materials

Please rsvp with Nordica Friedrich
Phone: (907) 433-9381
Email: nfriedrich@gmail.com

Wednesday, April 27, 2011

Stuck in my own dialectic

1:12 scale 20' gets first spring visitors

20' front entryway

deck garden with real plants (until voles ate them all!)

1:12 scale Gertees, 5', 8', 10', 12', 14'

1:12 scale 14' Gertee cook shack, under construction

using cutouts now mixed with 3D pieces

the 14' fits a big woodstove, fridge, counter, shelves & sink

Woke up this morning feeling very strange after dreaming I was writing a new article about the impossibility of ever finding a way to live outside the dialectic. I went back to facebook a few months ago to keep in touch with my family, but seeing how deep people are inside the dialectic is almost more than I can bear.

Spring is always an anxious time for many Alaskans, especially those of us that survive in the winter by working summer jobs. Last year was such a bad one for me, except for my grandsons, so I have to focus on making money now, no matter how many ACL related articles or books I need to be writing. I'm sorry I haven't responded to the wonderful comments I've been getting. Gertee simply has more potential to feed and clothe me, so that's what I have to work on now.

It may be that my life took such a dive when I began "debating" Amitai Etzioni that I am doomed to fail no matter what path I choose. In that case I should probably keep researching and writing for the ACL until I starve or freeze to death. I'm known all over the world now, and a lot of people do respect my work, but many, many more think I'm crazy. In any case, like Connie said, all you have to do is type my last name into a google search and you find me. This limits my regular job options as any potential employer can easily find out a lot about me online.

I've been invited to speak about communitarianism at the Santa Rosa Democrats Post Sustainability Conference in September 2011. It's my first official invitation to speak since the Libertarian Convention in 2000. At this point, I have to decline. I can't afford the ticket down and I really can't go speak in front of anyone without getting false teeth first! It's not a paying engagement but I can certainly bring a bunch of 2020/TACMS along to sell. Maybe I 'm just a dreamer, but I'm hoping Gertee will fund my ACL work, since nothing else does anymore.

Thursday, April 14, 2011

ACL - Communitarian Law Research

Here's the old ACL topic page I'm revising and updating first. Obviously, I've got my work cut out for me. Good thing I don't have anything else more pressing or more important to do in my life, since this page was the only free communitarian law research available online. We were the only place in the world that was following and listing references to the communitarian legal system, including the schools, training, case law, legislation, regulations, treaties and "solutions" implemented across the globe, and one that did not focus only on how it affects the USA.

As an American, I warned the American people in my CAFTA EU Communitarian Law article that many countries, including our own, were training lawyers to implement communitarian changes to internal legal structures. I listed law schools and gave the names of people involved in the training programs. It made the rounds and died out, just as anything that explains communitarianism does. It's crazy that I'm still having to defend my work from accusations that I made it all up or it's my "personal pet peeve." Regardless of how easily and deftly leading right American "patriots" and their brothers and sisters on the "left" sweep it under the rug, it remains the most important topic the world has ever faced. Oh right, I'm sorry, I do understand what's important... so what kind of shoes does Scarlett Johansen wear when she goes jogging?

Bolivia has one of the first openly revised communitarian constitution that was adopted by popular vote. Today their communitarian president is the leading advocate for regional government protections of the Earth, which, under communitarian "victim rights" ideology has advanced into "victim" status. This gives the NH State motto "Don't Tread On Me" a whole new meaning! http://www.dailymail.co.uk/news/article-1376244/South-American-countrys-treaty-giving-Mother-Earth-rights-citizens.html

Your suggestions on how I might revise this page are welcomed and will help a lot. And yes, I already see how many misspelled words are in this!


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Communitarian Law and European Community Law : Individual & National Sovereignty versus the Collective Good



by Niki Raapana, April 2003. Revised March 21, 2006.

Updated January 6, 2008


There is an emerging social justice system based in communitarian philosophy, called communitarian law. Communitarian law is enforced at the local, regional, and international levels. Recorded case law for communitarian jurisprudence rests with the European Communitarian Court of Justice. The substitution of communitarian law in the U.S. rests with national and locally elected lawmakers.

Every new law in the U.S. that balances individual rights against "Community" rights is a communitarian law. This definition includes environmental laws that infringe on property rights and the creation of victimless "crimes" (like DUIs and mandatory safety laws, helmets, seat belts, etc).

A field of study mostly ignored by Americans and their attorneys, it is however well-covered within the global academic community and elite groups. Chances are good you're not a part of them.





Our evidence suggests most average Americans in this new society of equals have never heard the term communitarian law. Our lawmakers count on the way many people discount it as a "conspiracy theory." The purpose of this page is to bring communitarian law under American public scrutiny.





Our standards for citations and links are mainly to primary sources including peer-reviewed scholars and law journals, law school coursework, universities, dissertations, government and NGO plans, etc. On other pages we occassionally link to personal opposition views even more radical than our own, but almost everything published about communitarian law exists at the highest levels of academic and elite discourse. So, very few links on this page are to familiar U.S. news sources; they are almost all to foreign plans and government and law school documents.

Table of Contents



Introductory Quotes


1. What is Communitarian Law?

2. International Communitarian Juridcial Systems

3. What is "Divided Sovereignty"?


4. Who is Pierre Pescatore?

5. What are "Competences"?

6. Definition of "Community Aquis"

7. Why Study Communitarian Law?

8. Who's Teaching It?

9. Who Supports It?


10. Communitarian Chinese Case Law


Appendix




Introductory Quotes





"In emphasizing the effect a broad per se rule could have on governmental efforts to implement comprehensive planning goals through diverse land use regulations, Justice Stevens endorsed the communitarian principles that land is a natural resource to be used and enjoyed by present and future generations, and that individual property rights are naturally limited by the fact that human beings are social persons who belong to communities. Decisions regarding the use of privately owned land are subject to reasonable regulations imposed by the government on behalf of the community." The Supreme Court Upholds Moratoria Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, No. 00-1167, 535 U. S. ___, 122 S. Ct. 1465 (2002), by Peter W. Salsich, Jr., Saint Louis University School of Law, Co-author, Planning and Control of Land Development: Cases and Materials.






"There are some tendencies within the European Union that can be seen with critical eyes," he said, notably "an extension of communitarian law by the European court." From Austria, 'new thoughts' for EU By James Kanter International Herald Tribune January 1, 2006.





"The court's decision is a benign communitarian decision. It's endorsing people acting through their representative government. So people should fight like hell in that political arena for one's individual values ... In this case, there's genuine people involved. But in many cases, these are opportunists waiting to hold out. The court said we aren't going to be the engine for that anti-communitarian process." Steven Sloan, in the Wall Street Journal, June 24, 2005, quoting Berkeley land-law professor Antonio Rossmann speaking about the landmark U.S. Supreme Court's Kelo decision. http://www.mindfully.org/Reform/2005/Eminent-Domain-Supreme24jun05.htm





"En instituant les Communaut?s, les ?tats membres ont limit? leurs pouvoirs l?gislatifs souverains et ont cr?? un ensemble juridique autonome qui les lie, tout comme leurs ressortissants, et qui doit ?tre appliqu? par leurs tribunaux."



Roughly translates to: "By establishing the Communities, the Member States limited their sovereign legislative powers and created an autonomous legal unit which binds them, just like their nationals, and who must be applied by their courts." Eur-Lex-L?Autonomie de l'Ordre Juridique Communautaire (The Autonomy of the Community Legal Order)





"The contractarianism versus communitarianism debate has been going on within the governance literature for nearly 100 years -- even longer in its philosophical manifestations. It is unlikely to be settled any time soon." The Purposes and Accountability of the Corporation in Contemporary Society: Corporate Governance at a Crossroads by Michael Bradley, Cindy A. Schipani, Anant K. Sundaram, and James P. Walsh. Posted by Duke Law.





"In 2001, the European Commission presented a proposal for a directive on the protection of the environment through criminal law. It is based on Articles 174 and 175,ECt , under which a high level of protection of the environment must be guaranteed. The European Commission points out that there is a considerable body of communitarian environmental law, and that Member States are obliged to provide for effective, dissuasive and proportionate sanctions." Harmonization and harmonizing measures in criminal law, Royal Netherlands Academy of Arts and Sciences.






"Acknowledgement of basic principles, such as the direct applicability of Community law (judgment of 5 February 1963 in the Van Gend en Loos case, 26/62) and the primacy of Community law over national law (judgment of 15 July 1964 in the Costa/ENEL case, 6/64), has constituted its most significant contribution to European integration. On the basis of these principles, individuals may invoke Community law before national courts and seek the non-application of any national law which is contrary to Community law." La jurisprudence de la Cour de justice comme instrument de l'int?gration communautaire bt Josse Mertens de Wilmars.





"Nowadays, a great number of norms exist, equally at an international (Number 108 1981 Council of Europe personal data Convention) and communitarian level (1950 European Convention for the Protection of Human Rights and Fundamental Freedoms; 2000 European Union Charter of Fundamental Rights; European Union Directives (Personal Data Protection Directive Telecommunications Sector Directive and Electronic communications Sector Directive), in order to assure data protection." Data protection and communitarian law by Maria Angeles Chacon Sanchez Abogado in Sevilla.





NOTE: The following article, written by Dave Hodges of the Arizona Constitution Party, includes plagiarized ACL research and writing. Author Dennis Cuddy, PhD, also freely lifted ACL legal research in an article he wrote for newswithviews.com in April 2006. Why would these men of considerable resources need to steal my work and claim it as their own?

"The development of Communitarian law of the European Community (i.e., the EU) has been largely molded by the European Court of Justice (ECJ). In the landmark case of Van Gend en Loos in 1963, the ECJ ruled that the European Community is bound by Communitarian, not national law, as the court stated, "This constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights albeit within limited fields." Essentially, this decision gave international treaty precedence when treaty principles conflict with national law." Preserving Constitutional Liberties Part II - The Loss of the American Constitution: Constitutional Law vs. Communitarian Law (Part Two) by Dave Hodges, November 12, 2006.






"For communitarians, concerned with the nature of our public discourse, the importance of a reasoned conversation about this issue is paramount." from Section Law and Communitarian Studies, a section of The Association for American Law Schools: Chair: Catherine J. Ross, The George Washington University Law School, Ph: (202) 994-9456, Email: cross@law.gwu.edu; Chair-Elect: Robert M. Ackerman, The Pennsylvania State University Dickinson School of Law, Ph: (717) 241-3535, Email: bxa9@psu.edu; Robert F. Cochran, Jr., Pepperdine University School of Law, Ph: (310) 506-4684, Email: robert.cochran@pepperdine.edu; Mary Ann Glendon, Harvard Law School, Ph: (617) 495-4769, Thomas D. Morgan, The George Washington University Law School, Ph: (202) 994-9020, Email: tmorgan@law.gwu.edu; Milton C. Regan, Jr., Georgetown University Law Center, Ph: (202) 662-9414. Email: regan@law.georgetown.edu -- "A Conversation About Abortion" -- [ click to download mp3 ]



What is Communitarian Law?





Communitarian Law is the new legal system used by regional and local governments affiliated with the emerging global government. This new law circumvents national law via a program of "balancing," often implemented by a small group of self-appointed elites who achieve consensus (not voting). For Americans, the adoption of these evolving principles transports us from a constitutional system where we expect clearly defined basic rights (like due process and legal searches) to a more moral way of enforcing "social justice" that only a few upper level academics can define.






Communitarian law is the precedent that requires the courts to rule in favor of the self-defined "community" against individuals protected by constitutional law. It limits the property rights of individuals in all member nations. The most obvious current communitarian decision handed down by the U.S. Supreme Court is Kelo v. The City of New London, a land rights case that balanced property rights against comunitarian development goals. The least obvious communitarian decision handed down by the U.S. Supreme Court is Hiibel v. The State of Nevada, a privacy rights case that balanced private individual's right to anonymity. In all U.S. communitarian legislation and criminal code, the stated purpose is to balance individual rights against community responsibilities. It's called Reinventing Government. Based on the consensus reached by globalist do-gooders, all nations are now required to adjust their national systems. The world is in an ongoing process of internal re-inventions of national political and legal infrastructures.





Iraq is the "model" for rebuilding the Middle East into a communitarian trade region and plans are underway to establish a communitarian code of law and court of justice for that emerging region. Iraqi resistance or any other national resistance to communitarian law is illegal under communitarian law. All current trade agreements between the U.S. and Mexico, Canada, and Central and South America are modeled after established European communitarian law.





The North American Free Trade Agreement balances the rights of the individual citizens in each nation against the rights of developers rebuilding sustainable communities, protected areas and trade corridors. Communitarian law always rules in favor of private corporations and NGO's who partner with local Community and Regional Councils (not to be confused with municipal, county or state governments). Communitarian law requires new courts of justice and legislative bodies, as is evident with the proposed Andean Parliment intended to replace the WTO as the regulatory governing body. The unelected (and for the most part unknown) Andean Parliment will have the granted authority to write legislation for all member nations involved in NAFTA and CAFTA. There are no plans for an appellate court.





Communitarian law is more often called Community Law. There are also several other terms for the communitarian code of legal principles, including: Community Aquis, Code de redaction interinstitutionnel, and Le Systeme Judiciaire Communautaire.





Under Aquis Communitaire is where you'll find the most accessible defintion for communitarian law. A long and inclusive list of all the different areas communitarian law encompasses is provided at Wikipedia, the free online encylopedia. The new law is based in the lofty Fabian principles of Human Rights and social equity, which both place the needs of the community over the individuals who make up the community.





The most high-profile cases are against brutal dictators who turned against their former U.S. "handlers." Strong proponents around the world suggest bringing the Bush administration before the International Court and charging them with "crimes against humanity." The goal is global "peace and justice." Eradicating mass murder and genocide was the first global justification for an international court suggested by the London Fabians in the late 19th century, but the actual laws just as easily justify "sacrificing" individuals for the "common good."





Communitarian law is taught and studied at universities in the States. It's a master's program at many law schools internationally, and there exist many professors of communitarian law around the world. Yet online law dictionaries do not include a definition for communitarian law. (See: Law.com, Duhaime.org, Nolo.com, Findlaw.com, LectricLaw.com, thefreedictionary.com) This makes no sense unless it's understood that communitarian economics dissolves all nation states in favor of regional and international legal authority over individuals, their property, and their nations.



The Creation of a Communitarian System of International Law from cyber.law.harvard.edu.





The European Union and the General International Law. Case law compiled by the University of Bucharest, last updated February 2004. Includes Communitarian law and National law.





legaltheory.net in French, translated into English, posts 2002-03 Syllabus of Seminars in Communitarian Law.





The European Court of Justice and Communitarian Court of Justice Case Law since 1955.





The United States is being integrated into an international community that adheres to Community Law. Students and lawyers across Europe and Latin America are studying Community Law and revising their national law to submit to the supremacy of Community Law. Two important questions for Americans who choose to retain their individual, inalienable rights to life, liberty and the pursuit of happiness might be: 1. When are our people going to be informed of the new system? and 2. Do we have educated attorneys who understand the difference between international community based "human rights" and U.S. constitutional "individual rights?"





Communitarian Law is the international system of Hegelian legal theories used throughout the world to eliminate individual and national sovereignty. In the E.U., Africa, South America, Asia and across the globe, many international documents and resolutions and organizations (U.N., E.U., WTO, NAFTA, etc.) use the actual term "communitarian law" to define the legal precedent for the new global order. All nations entering into trade agreement must agree to modify their national constitutions and integrate their politicial system under supreme communitarian laws. Every individual in every member nation must bow before their new "supra-national" authority (which is often part of a Royal court system, as at the Peace Palace at the Hauge, Netherlands, with the presiding monarch being HRH Queen Beatrix.






Many constitutional scholars now claim the U.S. Bill of Rights was written as a communitarian, collective document. Etzioni insists the 2nd Amendment was written with a "communitarian clause." They're very good at confusing the issue. For example:




"Akhil Reed Amar, a leading scholar of constitutional law and author of The Bill of Rights: Creation and Reconstruction, explains that the word people is used in a collective sense in the US Constitution. "But the libertarian reading must contend with textual embarrassments of its own. The amendment speaks of a right of 'the people' collectively rather than a right of 'persons' individually. And it uses a distinctly military phrase: 'bear arms.'....The rest of the Bill of Rights confirms this communitarian reading. The core of the First Amendment's assembly clause, which textually abuts the Second Amendment, is the right of 'the people'--in essence, voters--to 'assemble' in constitutional conventions and other political conclaves. So, too, the core rights retained and reserved to 'the people' in the Ninth and Tenth Amendments were rights of the people collectively to govern themselves democratically. The Fourth Amendment is trickier: 'The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated.' Here, the collective 'people' wording is paired with more individualistic language of 'persons.'"guninformation.org





This Hegelian legal philosophy-theory has been handed down from the globalists at the United Nations to all its member countries inside sustainable re-development plans. It is also the basis for revised crime acts, community policing, Growth Management Acts, domestic violence acts, enviromental laws (the body of environmental case law in the EU is called communitarian environmental law), faith-based initiatives, and all pre and post 9/11 crime and terror prevention programs. Community law is cited in all United States (and worldwide) Local Agenda 21 Plans. New local communitarian laws include: Revised Noise Ordinances, Weed & Seed, landlord training acts, transit related development takings (eminent domain for public-private partnerships), mandatory private home health and saftey inspections, hoarding syndrome interventions, and other efforts to "create safe and livable communities."





We at the ACL also think that mandatory volunteer service law is entirely based in communitarianism. The recently exposed Pentagon database of high school students is a communitarian program, as are the numerous domestic spy progams used at every level of government. The way to recognise a communitarian program is one that eliminates individual property, privacy or independence because these outdated guarantees against government intrusions have become identified barriers to public health, safety, or livability.






In the United States, communitarian law is illegal and treasonous under the U.S. Constitution and U.S. Criminal Code.



Every Congressman who voted to approve the Central American Free Trade Agreement (CAFTA) in July of 2005 approved the integration of our national political system under a supreme code of communitarian law.




This topic is rarely covered by the American press (or included in law dictionaries) for obvious reasons. Eric Jacobstein, manager for Legislative Affirs at the Inter-American Dialogue published a paper for the V. International Symposium on Comparative Regionalism and the EU in November 2005 describing Trends in the CAFTA Process. He suggested the Andean trade agreement "is unlikely to face a vote in the U.S. Congress anytime soon" because of the elections in 2006. We think this could be because the Andean trade agreement is not a topic the globalists want to see included in U.S. congressional publically televised election debates. The agreement will return as a topic after the 2006 elections are over.





Aimee Kanner, with her B.A. in International Relations from GWU (home to the Communitarian Law Network) prepared a paper for the above Conference on the elitist foundation for communitarian law, "Although most regional integration processes were started as elite projects, their development and increased involvement in policy-making and decision-making processes has raised concerns regarding public representation and accountability." The conference addresses the solution, which appears to be the creation of an actual court where lawsuits can be tried. The way it works now is all cases are tried at the WTO. This NAFTA-EU Conference in Miami last fall was a high ranking event, as evidenced when Emil Kirchner, who received the Cross of the Order of Merit from the German Government in 2002, showed up to discuss "integration efforts of Muslim countries."





Understanding communitarian legal principles is the key to full comprehension of the emerging global communitarian synthesis.







The Jewish Encylopedia explains the areas of Talmudic Law that influenced the development of communitarian behavior controls (of every day life), and evolving regulatory practices that use dialectical conflicts to achieve synthesis. The process is often called a new paradigm. Communitarian law and Talmudic law are constantly changed and modified on a whim. The U.S. Constitution has been balanced by the Talmud and communitarian ideology.



International Communitarian Juridical Systems





Google translation of Institutions of the Union and the European Communities by Professor Francis Snyder.






Communitarian law is supreme. National law is subservient to Communitarian law. It is the international justice system which enforces peace, equality, social equity, human rights, sustainable development, open borders and free trade. It is neither too far right or too far left. It is neither too far Christian or too far Muslim. Communitarian law "balances" conflicting laws in favor of the greatest common good. It is the radical middle ground between all conflicting ideas. It integrates extreme communism with extreme capitalism. It defends the rights of the global "collective" against the rights of the greedy, selfish individuals clinging to their "outdated notion" of independent nations.





Throughout the last century there was a great "debate" in upper academia between individual rights and community rights. The individual was not represented, and community rights won. The definition of "community" includes everything from a small villiage to the entire world.





The Top-Down Communitarian System:





1. International Communitarian Law, enforced by international courts of justice.

2. Regional Communitarian Law, enforced by regional parliaments?


3. Local Communitarian Law, Community Development, Public-Private Partnerships, and Local Agenda 21 Plans.





The communitarian philosophy-ideology is what supports the emerging supranational government body. The system integrates all nations of the world into sub-regions. Each region has it's own code of communitarian law in addition to mandatory inclusion of higher, global laws. Each nation has their own proposed process for national subordination to the regional and international supreme authoritative bodies. In Europe and Latin America the national modification and subordination process is published in all documents relating to communiitarian integration. In Europe they have a collection of communitarian environmental case law (with European Law being one of the first global scale tests of the new law). In the United States it can never be disclosed to the average voter; for officials to speak openly of treason is a criminal offense.





"The correct application of the Communitarian Law produced by an International Integration Organization
implies that States Members have to make political and legal internal reforms." pdf-NAFTA and the EU



I've been studying the above quoted document. I'd like to write an article about it. To anyone who has access to the propsed Andean Parliment papers, models for integration, copies of the complaints of elitist origins, a list of all the U.S. Congressmen who voted for CAFTA up for re-election in Nov 2006, anti-communitarian papers or poltical parties that convinced a majority of Dutch and French voters to reject the European Constition in 2005, or any other relevant study materials: please help further our education in this topic. Click the contact link above and email me for where to snail mail hard copies.




"Finding the Law: the Micro-States and Small Jurisdictions of Europe: Andorra, Cyprus, Northern Cyprus, Iceland, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, San Marino, Vatican State; UK European dependencies: Channel Islands, Gibraltar, Isle of Man; Faroe Islands and Greenland" by Andrew Grossman, Hauser Global Law School Program, Published February 2005. This paper includes "General Sources, Common to More than One of the Jurisdictions under Study."



The European Union and other supranational authorities require national constitutions to be restructured so that they conform to communitarian rule of law. Integration to the EU and Economic Transformation: State and Its Role on the Example of the Export-Promoting Policy by Marek Csabay




Presentation by Dr Jan Mazak, President of the Slovak Constitutional Court
21.10.2004. Professor J?n Maz?k, PhD. President, Constitutional Court of the Slovak Republic general remarks on "National judiciary after the accession of the Slovak Republic to the European Union" as follows:






On the immediate applicability of the communitarian law



The primary rule is, that the national courts of member states are obliged to apply directly those communitarian standards which fulfil the communitarian conditions of the immediate applicability.



The immediate positive application of the communitarian rule means the direct application of this rule instead of an incompatible national regulation, or application solving the legal situation not defined by any national regulation.



Under the immediate negative application of the communitarian rule is to be understood the application in order to achieve the state in which the incompatible national regulation will not be used. This usually leads to quashing decisions issued on the basis of this national regulation without need of positive application of the communitarian rule. It follows from above also that it concerns the application of the communitarian rule for the purpose of reviewing the legality or lawfulness of a national regulation or act (decision) issued on its basis.



The national courts of the member state are obliged, ex offo, to use immediately applicable communitarian rules. It always applies, if the national procedural norms stipulate, ex offo, to apply the national law. Furthermore, the national courts have to apply, ex offo, the communitarian rules also in that case if this application is necessary for guaranteeing the protection of rights resulting for a person from the specific communitarian rules.



On the preferential application of the communitarian law




The preferential application of the communitarian law is solved in the above-mentioned Article 7 paragraph 2 of the Constitution.



The duty of the national courts (and also of other public authorities) to apply preferentially the applicable communitarian rules prior to the incompatible national rules means that the national courts in case of such a conflict always have to apply the communitarian rules and at the same time they have not to apply or not to take into consideration the national regulation which is incompatible with these rules.



It is necessary to emphasize that the national courts have to proceed in such way and to solve this conflict through the preference and application of the communitarian rule in the scope of their own power, ex offo, developing their own initiative.



Under ? 109 sect. 1 (c) of the Rule of Civil Procedure the proceedings shall be suspended if the court has arrived to a conclusion that there is a question on preliminary reference which must be decided by the European Court of Justice. After suspension of the case, the court sends a preliminary reference to the European Court of Justice and awaits its decision.






On the proceedings on the preliminary question



The law of the European Communities is superior to the law of the member states (lets leave aside the delicate issue of the superiority of the communitarian law to national constitutional law). The priority of the communitarian law requires unified application of this law in all member states. The application process of the communitarian law consists of two fundamental issues:




1. Unified interpretation of the communitarian law, while the unified interpretation must precede the unified application of this law in member states

2. The communitarian legal acts are considered valid in national environment and for that reason the national courts cannot reject the application of the communitarian legal acts only on the basis that they have arrived to the conclusion on invalidity or ineffectivity of the said communitarian legal acts.



These problems are solved in proceedings on preliminary question under Article 234 of the EC Treaty the purpose of which lies especially in the interpretation of the primary and secondary law and the review of the validity of the secondary legal acts. For that reason the proceedings on preliminary question are procedural enforcement of the priority of the communitarian law on the national level.



The obligation to submit the case to the Court of Justice for decision on the preliminary question relates only to the national court which proceeds in the case in the last instance in accordance with the judicial organisation and powers and competences under the Constitution and laws regulating these issues. In Slovakia there are two such courts. Both the Supreme Court and the Constitutional Court sometimes could also be a competent regional court.



The question is whether the Constitutional Court belongs to courts which should make a preliminary reference. It depends, but most of the opinions on this issue have agreed to involve Constitutional Courts to the scope of Art. 234 of the Treaty on European Communities.




The possible effects of the violation of the national court?s obligation to submit the case to the Court of Justice under Art. 234 of the Treaty





Relaying on the obligation and possibility of a national court to submit the case to the Court of Justice for decision on the preliminary question, it is necessary to underline that if a national court was a last instance court and in spite of this fact it did not submit the case to the Court of Justice, the communitarian law would be violated. Such a qualification of a national court negligence follows from the fact that the national court has to respect the Art. 234 of the Treaty if it is a last instance court. The violation of this obligation may result in commencement of proceedings before the Court of Justice in special type of proceedings on violation of the obligation following from the EC Treaty. The member state whose court has not fulfilled its obligation under the quoted Art. 234 of the Treaty will be charged. The charge against the member state is justified for a simple reason. In spite of the independence being a functional principle of a national judicial system, a member-state court remains a public power authority of the concerned state, and the violation of the obligation following from the EC Treaty de jure is assigned to the member state.



On application of the domestic procedural code



In proceedings on communitarian claims and rights the national courts hear and decide these cases usually under the domestic procedural rules.



The work of the national courts on application of the domestic procedural regulations in proceedings in which cases following from communitarian standards are heard and decided, abide by the requirements of equivalence and efficiency.




The issue of competency of the national courts in relation to cases following from the communitarian law



Under fixed case-law of the Court of Justice it is a matter of each member state to define which court shall be competent locally and concerning the subject matter of the lawsuit when the subject of the proceedings is an individual right based on the communitarian law. The member states shall be liable for the effective protection of this right in every single case and it is not the task of the Court of Justice to solve whose jurisdiction shall the individual case fall under.




Concluding remarks



The Slovak judiciary is expecting its transformation into an effective part of the European judicial system. The right attitude might be a cautious optimism in spite of some expected difficulties. We are entering into a stabilised system and it has acted relatively long time in the fixed legal environment. We have at our disposal some experiences, case-law, developed doctrine and the willingness of the colleagues from the member states to share their experiences gained on their way from national judge to the European one. The rest, I think, will be our task. The first step is to get general knowledge then to learn special know-how and finally the improvement of skills in the application of the communitarian law.




NAFTA and the EU's paper tells us Tremolada, Eric (Universidad Externado de Colombia) is the principle lecturer of the Jean Monnet Class on European Communitarian Law (designated by the European Commission of the European Union in 2005).



Universidad Rey Juan Carlos Law Program includes in year 3 "Institutions of Communitarian Law (C)".



University of Oradea
Faculty of Law and Jurisprudence
offers a post-graduate degree in Communitarian Law.



Simona Zah, 21, a former law student at the University of Bucharest was the best graduate student in a special course on "International, comparative and communitarian law" at the University of Strasbourg, in 2001.



From Aquamont to Berlaymont: On the Integration-Friendly Features of the Slovak Constitution by RADOSLAV PROCH?ZKA.



Sari Kouvo, born 1971, is a researcher and lecturer in international law with a focus on human rights and in gender and law at the Department of Law. She attended "What are They Doing? Gender Mainstreaming in International Human Rights?, Gender and Communitarian Law Workshop, Onati International Institute for the Sociology of Law, Spain (2000).



"For the aim of European law study on Master level, the curriculum and share of lessons has been added and made deeper - it is not only specialization for the area of justice and internal affairs but also the basis of wider general theory mainly of the European communitarian law, history questions and EU genesis, new EU legal institutes as joint investigation teams, Eurojust, or European warrant of arrest, etc." EDUCATION IN EUROPEAN LAW AT THE POLICE ACADEMY OF THE CZECH REPUBLIC.



Regionalism and Constitutionalism in an Enlarged EU, A pan-European project by WiRE in collaboration with academic partners throughout Europe to investigate the situation of the regions in the context of the emerging EU constitution list of participants includes Prof. Daria de Pretis. "Daria de Pretis is a Professor of Administrative Law at the Universit? di Trento in Italy. Her main areas of interest include communitarian law; administrative action; the legal principle of discretionary powers and administrative justice in Italy and Europe. In 2004 she published La Tutela Giurisdizionale Amministrativa in Europa fra Integrazione e Diversit? on the subject of advimistrative law in a Europe of integration and diversity."




Michael Coester
(Professor, Munich University):
"The Law on Terms of Contract in Conflicting Relationship between German and European Communitarian Law"
("Das Recht der Allgemeinen Geschaftsbedingungen im Spannungsfeld zwischen deutschem Recht und europaischem Gemeinschaftsrecht")
Discussant: Hiroshi Kochi (Professor, Kyushu University) Kyushu University Faculty of Law and Ludwig-Maximilian
University (Munich) Law Faculty's Joint Research Program s




MO??O AO PJ -ENGLISH VERSION, a Portugese blogger explains the need for European integration and
The European Youth Parliament, which "Emphasizes the network cooperation agreements, the policy of aid to the development and the pratice of strong positions in the various international organizations (UN, NATO, WTO). 2. Reaffirms the EU personality through the supremacy of the communitarian law above the national law. 3. Endows the EU of the means to proceed, through evolution and commitment towards an improved economic and social cohesion. 4. Requests the reinforcement of the communitarian budget as to allow the sustainable development of the weaker economies."



INTERNATIONAL CONFERENCE Achievements in the field of human rights ten years after Dayton, Sarajevo, 10 and 11 May 2005. "By implementing the Agreement, BiH {Bosnia and Herzegovina} will be able to apply for full membership of the EU. The negotiations for membership will be the most complex task and the greatest challenge, which will lead to the most profound reforms. Institutional capacities, which are necessary for successful negotiations on full membership, adoption and application of the whole European legislation, will finally result in the number of around 15 state ministries and around a hundred agencies, offices with the purpose of strengthening democracy, strengthening of export capacities, oversight of the market, environment protection, etc. The number of entity or cantonal competences will be reduced significantly. All these formal steps will be followed by considerable reforms in the judiciary, internal affairs, defence, economy, etc. Finally, BiH will transfer a share of its sovereignty to the European Community for supremacy of communitarian law and its application in all EU member states. ESI analysts think that it is impossible for BiH to start negotiations for full membership before 2007.



Inicio UCH-CEU Fundaci?n USP-CEU Univerisidad Cardenal Herrera-English version. Seminars include a course on "The General Principles of the Law in the European Communitarian Law."




Italian s-tiles explains: "The Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control was implemented in Italy under Government Bill D.Lgs n. 372 of 4 August 1999. Currently, it is applied specifically to existing plants, as defined under Annex I, Article 41 of Communitarian Law* 2001 (1 March 2002, No. 39), but with the provision for the Government to extend the IPPC to new and modified plants, as well, within a period of 1 year. *A law ratified by the Government yearly on 31 January, which includes the norms for adopting EU law within the Italian legal system."



Aquamedia's International Relations in Water Management claims, "By adopting the WFD, the communitarian law in the European Union reached its top in the area of waters, the former solution of individual problems regulated by the relevant directives has changed into to complex approach in protection and exploitation of waters."



International Conferences and Seminars tells us Marco Balboni is a Prof. of Communitarian Law at the University of Bologna. Here's one of his courses in Italian.



Araceli Mangas Mart?n Professor of International Public Law and International Relations, Universidad de Salamanca since 1986 was also Professor ?Jean Monnet? of Communitarian Law by the European Communities Commission in 1991. She wrote - ?European Communitarian Law and Spanish Law?, Madrid, Ed. Tecnos, 2nd ed, 1987



Why is there nothing online about the Jean Monnet Class on European Communitarian Law except for one reference to it in NAFTA and the E.U. -- Institucional Contrast at http://72.14.203.104/search?q=cache:r5s0jdmFPPYJ:www.miami.edu/eucenter/Conference_Nov4.pdf+Communitarian+Law&hl=en?



The Jean Monnet Program at the New York University School of Law has nothing describing what a Professor 'Jean Monnet' of Communitarian Law teaches. Wikpedia-Jean Monnet explains Monnet is credited as the "architect of European Unity." (This is very interesting since so little information is circulated about communitarian law and the primary source for communitarian law is the EU.)


Jose Antonio Sanchez Quintanilla is the Secretary General of the IDAE. He is Bachelor in Law (specialty in Public Law) by the University of Seville having a diploma in European Communitarian Law by the same University. He is civil employee of the Upper Corporation of Civilian Administrations of the State, from 1989. Among other functions, he has been Adviser and later on Director of the Secretary of State of Scientific and Technological Policy Office in the Ministry of Science and Technology, being this its last position carried out until its incorporation to the IDAE. Jose Antonio Sanchez Quintanilla has wide experience within the Public Administration in Organization and administrative procedures, Administrative hiring, Management of human resources and elaboration of dispositions of legal and obligatory rank.



Manuel Estella Hoyos - President the Courts of Castila and Leon Born : in 1939, in Salamanca. Education / Profession : BL (Law) from the University of Salamanca in 1962. Majored in matters related to European Communitarian Law in 1985, 86 and 87.



"Marco Polo System geie is a structure of Communitarian law instituted by the Municipality of Venice together with the Union of the Municipalities and the Communities of Greece (K.E.D.K.E.)." MARCO POLO SYSTEM GEIE



AALS: 2005 Annual Meeting
Wednesday, January 5, 2005, 2:00 - 3:45 p.m. Hilton San Francisco, Yosemite B, Ballroom Level.
Section on Law and Communitarian Studies
Moderator(s): Thomas D. Morgan, The George Washington University
Law School. Speaker(s): Amitai Etzioni, The George Washington University Inst. for Communitarian Policy Studies; Karen Musalo, University of California, Hastings, College of the Law.



A contemporary way of understanding the meaning of the Constitution by Raul Narits, at Juridica International, pp. 466-472 Summary:


"Legal theory is directed at the correct understanding of law. The aim is to understand law in its integrity for which legal theory has developed a set of broad-based means. Understanding of the national legal system should rely on the uniformity of the legal system and the Constitution.
The author introduces the reader to the main principles of communitarianism as one of the possible means allowing to understand the Constitution. The author outlines the characteristic features of conservative, liberal and egalitarian theories of communitarianism, and provides an in-depth analysis of the communitarianist constitutional theory based on the principles of liberal communitarianism."





Plan to study communitarian law? Join 1,965 subscribers on the list for communitarian law : commlaw@hermes.gwu.edu:



"As a scholar who dedicated the last 15 years to communitarian public philosophy, I have frequently argued that individual rights have been unduly expanded, often at the cost of the common good. I joined Harvard law professor Mary Glendon to point critically at the explosive growth of entitlements and the trivialization of rights. For example, some feminists claimed that they had a right to use the men's room even if there was no line at the women's room. And an employee of Macy's claimed that he has a right to play Santa Claus. I could not find such rights in the Constitution, or for that matter, any other place. In addition, I devoted a whole book to the limits of privacy, and I am among those who hold that Sept. 11, 2001, changed what constitutes a "reasonable" search.





However, when we move to reset the balance between individual rights and the common good, we inevitably step on the slippery slope that we face whenever we reset legal doctrines, religious Do's and Don'ts and moral taboos. We hence need to be careful that we not open the floodgates to gross violations of individual rights-that we not end up on our backside on the lowest end of the slope. Some civil libertarians are so concerned about this danger that they would rather not set foot on the slope at all, and prefer to remain frozen in whatever position they find themselves. However, adjustments are often needed. The secret is to set clear markers for the new place on the slope beyond which we will not slide, a new definition of what is reasonable, a specific new point of balance between rights and the common good." [emphasis added] Amitai Etzioni, Communitarian Newsletter #4, received on the COMMLAW@hermes.gwu.edu elist, October 17, 2005. (also in The National Law Journal Online on September 19, 2005.)





20 April 2001, Copenhagen - From the Ministry of Foreign Affairs of the Republic of Lithuana. Statement by Dr. Dalia Grybauskaite, Deputy Minister of Foreign Affairs, Candidate Countries Opinion Concerning the Future of the EU :


It is difficult for a country that has always looked at the European Union from outside to judge whether and which particular deficiencies warrant a change. For historical reasons, Lithuanians have always fought for and cherished sovereignty. Consistent application of the principle of subsidiarity is, therefore, a natural interest of Lithuania who, as any other nation, has a strong feeling of responsibility for its own faith.

On the other hand, for geopolitical reasons and, more specifically, because of our size, we realise that, in many instances, we can further our interests through common actions together with other nations better than alone. In such cases we are learning to entrust our interest to international and supranational establishments composed of members who are likeminded and whom we can trust. European Union is about trust. We have bred an understanding that European Union cannot be interested in undermining our interests. I think we are learning this "win-win" game.

From a different angle, a delimitation of powers also calls for a determination on which European institutions do what. In fact, it is this aspect that gives the strongest political taste to the future debate. In the most simplified version, the discussion has shifted forth and back along a line between two extremes or options - inter-governmental and communitarian.

Lithuanian thinking rests on simple but tested experiences. It is first of all the communitarian method that has made the EU what it is today: a Union that accommodates the big and protects the small. Arguing for strengthening of the inter-governmentalism at the expense of communitarianism is, to a large extent, an attempt in a way to turn the integration clock backwards. Thus the community method must be preserved, strengthened and extended as the EU enlarges.




20 October, 2003 - The significance of the transatlantic bonds in the time of the entry of the Czech Republic into EU Print Mail by Mirek Topolanek. Quote: "Recently, the Intergovernmental Conference has started with a summit in Rome, with the number one task: adopting of a European Union Constitution ? a document that can significantly influence the nature of the ?old continent? and consequently also its relations with the US. It can result in a huge European ?super-state?, where most of the power is given to the bureaucrats in Brussels, or we will manage to keep the EU as a partnership of independent states that cooperate in areas where it?s advantageous. Unfortunately the submitted draft of the constitution was not created by any ?Founding Fathers? but by the European Convent with a majority vote of socialist and euro-federalist parties. It moves us towards the European ?super-state? founded on quite doubtful basis./ As a result of post-war development, expensive redistribution and bureaucratic processes became typical for European countries, along with the burden of the so-called social state and collective demands for what were called group rights. All of these are taken as specific European values. But in present global economic competition these phenomena decrease the competitiveness and restrain the economic growth. The common market is bound with thousands of pages of regulations of rapidly growing communitarian law, which are for the most part products of various lobby and corporate bodies. They are not so much about the reaching declared high standards, but more as a protectionist weapon against the foreign competition of European market. By doing so, Europe is really closing itself from global market than the opposite." From the American Enterprise Institute.



The International Legal Regime



Hauser Global Law Program at NYU teaches the "Code de r?daction interinstitutionnel" (communitarian law)



The Training Strategy for Civil Servants on EU Affaires from the Serbia and Montengro European Integration Office trains: " ?Harmonizators?- law experts that will have to be well acquainted with the structure of communitarian law, type and nature of the EU decisions and models of their implementation into the national legislature." (The page with this original text disappeared, now it doesn't say the term communitarian law it says: "The lecturer was a Slovenian expert in the harmonisation of national legislation with the acquis communautaire.")



www.arena.uio.no



INTERNATIONAL CONFERENCE

Achievements in the field of human rights ten years after Dayton
Sarajevo, 10 and 11 May 2005: "Finally, BiH will transfer a share of its sovereignty to the European Community for supremacy of communitarian law and its application in all EU member states. ESI analysts think that it is impossible for BiH to start negotiations for full membership before 2007."



www.worldvideobusiness.com. In this area I.M.P.R.E.S.A. S.p.A. intends to offer on line consulting services in the field of Labour Communitarian Law.



Fellowship Training Programme in International Law for French-Speaking African Countries (in French) Institut des Relations Internationales du Cameroun (IRIC) Yaound?, Cameroon, 7 ? 18 January 2002: "In cooperation with the camerooninan Ministry of Foreign Affairs, the Centre of Studies and Research of International and Communitarian Law (CEDIC), Yaound?, and the University of Yaound? II, the United Nations Office of Legal Affairs and UNITAR jointly organized a two-week training for 22 participants from different French-Speaking African countries (16 fellowship recipients and 6 trainees from the host country), including junior and mid-level government officials as well as representatives from law faculties of universities."



College of Europe, Professor Sylvie GOULARD: Sylvie Goulard is at the moment launching a new think tank "Europhilia" based in Sciences Po (Paris) where she will be active as a codirector with Olivier Duhamel (former French MEP). From 2001 to the summer 2004, she was a member of the group of political counsellors at the Commission where she integrated the team responsible for the follow-up of the Convention. She started her career as Foreign Affairs counsellor first at the legal department of the "Quai d'Orsay" (communitarian law and negotiations concerning the unification of Germany) and was then detached to the "Conseil d'Etat" in Paris. Furthermore, she has been in charge of the multilateral questions and the French-German projects in the "centre de prospective" of the French Ministry of Foreign Affairs. Sylvie Goulard remains an associated researcher at the CERI of Sciences Po. She has also taught European integration at Sciences Po (Paris). She is part of the national board of the French Mouvement Europ?en, member of the scientific directory of the Institut f?r Europ?ische Politik (Berlin), of the conseil d'administration d'Europartenaires (Paris) and of the Beirat of the BBI in Genshagen (Germany).



Working Group on Internet Governance (WGIG) issued a final report on UN control over the internet. American Senators object, SENATOR DENOUNCES REPORT CALLING FOR UN GLOBAL INTERNET CONTROL

Mon Aug 01 2005. The Internet Corporation For Assigned Names and Numbers was one of the WGIG funders.


V. The Politics of International Law. The European Journal Of International Law explains the Hegelian dilemma between Sovereign Law and communitarian law.



The European Union and the General International Law explains how the Communitarian Juridical Order "divides" sovereignity. It uses Hegel as an example of the abstract, traditional, almost metaphyiscal concept of national sovereignity, and it gives us an example of communitarian case law precedents:





The communitarian juridical system has the quality of representing a juridical order, that is an organized and structured set of juridical norms with its own sources, organs and procedures capable of elaborating and interpreting them, but also of ascertaining and punishing the transgression of these norms, when necessary[9].



The priority of the communitarian juridical order is strictly related to the direct effect, because when the principle according to which the dispositions of the communitarian law can directly create rights and obligations comes into force, there can be, inevitably, certain conflicts between the two systems. The principle of the communitarian law's priority doesn't appear in the concluded treaties, but it was recognized by the European Court of Justice in two famous cases. The first one is the Van Gend en Loos decision from February 5th 1963 and the Costa vs. Enel one form July 15th 1964[10]. This decision stipulates that "an internal law disposition cannot oppose to the law created through communitarian agreements, by its very autonomous nature"[11] because, unlike the regular international treaties, the founding treaty of the European Community has given birth to its own juridical order, integrated in the member states juridical systems. The same decision stipulates that, by creating a Community for an unlimited period of time, with its own institutions, juridical personality and capacity, international representation right and especially with authentic powers as a result of the limitation of the states' competences or of their transfer towards the Community, the states have limited their sovereign rights in some specific fields and thus have created a law corpus applying to their followers and to themselves[12].



This approach on sovereignty is no longer the traditional abstract one, conceived almost as a metaphysical, indivisible and inalienable quality like in the classic doctrine elaborated by Bodin and Hegel and developed by many others, which seemed to be an inherent element of the state[13]. This is a new conception of sovereignty which corresponds to the idea of the sovereignty's division, which doesn't mean its binding to a certain area of the state's territory, but to some of its competences[14]. Pierre Pescatore[15] was the first one to develop the idea of the division of sovereignty, surpassing the concept of sovereignty expressed by the International Court of Justice in the famous Wimbledon Case, when the Court decided that the conclusion of any treaty didn't mean the abandon of sovereignty, because the very right to conclude treaties was an attribute of sovereignty.



This new approach regarding sovereignty allows us to speak about the "divided" sovereignty or the one "exercised together" by states and organizations such as the European Community, because the state doesn't have the exclusive competence to exercise the attributes of sovereignty on its territory. Such an approach can lead directly to an analogy with the model represented by the federal states. This analogy would be forced and exaggerated, given the fact that in the federal system the states give up certain fields of actions in favour of the federation (defense, foreign affairs etc.) and, on the other hand, the relationship with the European Communities doesn't mean the delegation of competences, but of the exercise of certain competences that doesn't allow the states to intervene by actions which are incompatible with the communitarian rules[16]. Such an example is the common commercial policy regulated by the 113 article of the EEC Treaty and which is of the unique competence of the Community, including when it comes to concluding commercial agreements with third states[17]. [emphasis added]





What is divided sovereignty?


Divided sovereignty at Britannica:"





"The concept of absolute, unlimited sovereignty did not last long after its adoption, either domestically or internationally. The growth of the democratic form of government imposed important limitations upon the power of the sovereign and of the ruling classes. The increase in the interdependence of states restricted the principle that might is right in international?"




Conservatism, centralization, and constitutional federalism in Modern Age, Wntr-Spring, 2004 by George W. Carey traces the roots of the divided sovereignty concept back to Madison and Hamilton.



Why Joseph Sobran Is Wrong About The Civil War is a very nice historical lesson on the importance of discussing the sovereignty issue.



Give Democracy a Chance
The Iraqis' choice.
By Andrew Peyton Thomas May 20, 2004, National Review. Thomas calls divided sovereignty the " imprecise term of the moment."



Russia, Government, Putin Power Grab emails archived by Johnson's Russia List.



The Failure of Dual Sovereignty: The British Empire and the United States by Kevin A. Carson.



The "Unsettled Paradox": The Internet, the State, and the Consent of the Governed Indiana J. Global Legal Studies 521 (1998) by David G. Post
Temple University School of Law and Cyberspace Law Institute(1)



Who is Pierre Pescatore?



The following papers all relate to Pierre Pescatore (the first one to develop the idea of the division of sovereignty, surpassing the concept of sovereignty expressed by the International Court of Justice in the famous Wimbledon Case):



pdf-The Other Side of the Story: An Unpopular Essay on the Making of the European Community Legal Order.



The European Court of Justice Is an International Court by J. Allain1(1)Department of Political Science, The American University in Cairo, Egypt.



In re REZNIKOV, Judgment 1249, THE ADMINISTRATIVE TRIBUNAL at the International Labor Organization 1993.



A Research Guide to International Investment Law Prepared by Wei Luo, Director of Technical Services and Lecturer in Law,
Washington University School of Law Library, e-mail: luo@law.wustl.edu,; office phone: 935-8045.(For Professor Mutharika's International Investment Law Seminar)Last Updated in April 2005.



Support for Improvement in Government and Management in Central and Eastern European Countries.




What are COMPETENCES?


From Merriam Webster online:

Main Entry: com?pe?tence


Pronunciation: 'k?m-p&-t&n(t)s


Function: noun


1 : a sufficiency of means for the necessities and conveniences of life


2 : the quality or state of being competent : as a : the properties of an embryonic field that enable it to respond in a characteristic manner to an organizer b : readiness of bacteria to undergo genetic transformation


3 : the knowledge that enables a person to speak and understand a language -- compare PERFORMANCE
The following papers all use the term "competences."



Does it mean something else in Europe?



Draft Treaty establishing a constitution for Europe: Article 9: Fundamental principles









1. The limits of Union competences are governed by the principle of conferral. The use of Union competences is governed by the principles of subsidiarity and proportionality.



2. Under the principle of conferral, the Union shall act within the limits of the competences conferred upon it by the Member States in the Constitution to attain the objectives set out in the Constitution. Competences not conferred upon the Union in the Constitution remain with the Member States.



3. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence the Union shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level.




Competences defined at the DSM Sustainablity glossary:








"Behavioral Competences are intended as a worldwide common language to sharpen the discussion about performance and development. Competences are a way to talk about how one gets results, the behavior and qualities one employs. Competences are the capabilities and behavioral skills you use to interact with the work-environment and within one's business function or personal tasks."





4. The European Union as an Emerging Federal System Jean Monet Center, NYU School of Law.



What is community aquis?



In April 2003 the European Union was working on its draft constitution. Their site has a glossary that defines ALL the modern terminology that has "evolved" over the past 30 years. This is the first dictionary of the legal meanings of the new terms we've seen.

Here is the global definition of "community law:" Community Acquis.

For those who don't take the link, Community acquis is:









"The Community acquis or Community patrimony is the body of common rights and obligations which bind all the Member States together within the European Union. It is constantly evolving and comprises:
? the content, principles and political objectives of the treaties;
? Community legislation and the case law of the Court of Justice;
? the declarations and resolutions adopted by the Union;
? measures relating to the common foreign and security policy;
? measures relating to justice and home affairs;
? international agreements concluded by the Community and those concluded by the Member States between themselves in the field of the Union's activities.When further countries join the European Union, full compliance with the Community acquis is one of the requisites for accession.

Community legal instruments are defined as:
"The term "Community legal instruments" refers to the instruments available to the Community institutions to carry out their tasks. The principal instruments are:
? regulations: these are binding in their entirety and directly applicable in all Member States;
? directives: these bind the Member States as to the results to be achieved; they have to be transposed into the national legal framework and thus leave a margin for manoeuvre as to the form and means of implementation;
? decisions: these are fully binding on those to whom they are addressed;
? recommendations and opinions: these are non-binding.








Why Study Communitarian Law?




Comparative Avenues in Constitutional Law June 2004 University of Texas Law Journal



Viven A. Schmidt, "The New World Order, Incorporated: The Rise of Business and the Decline of the Nation State," Daedalus, Vol. 124, no. 2 (Spring 1995) academic paper posted at Mt Holyoke.edu.



New Arrivals in the Law Library...
June 2004
at Indiana University School of Law. The founder of American communitarianism, Amitai Etzioni's, recently published From Empire to Community is on this list.



BANDED CONTRACTS, MEDIATING INSTITUTIONS, AND CORPORATE GOVERNANCE: A NATURALIST ANALYSIS OF CONTRACTUAL THEORIES OF THE FIRM by TIMOTHY L. FORT* AND JAMES J. NOONE, Cited: 62 Law & Contemp. Probs. 163 (Summer 1999)
[*pg 163] Duke Law Journal. "Part IV addresses the social contractarian approach. Combined with Part II's understanding of evolution and nature, a constructive model emerges that takes the best features of social contracting and agency contracting and blends them with a naturalist-based communitarianism."



The World Summit on the Information Society (WSIS) 16-18 November, 2005 "In the second phase of WSIS efforts are being made to put the Plan of Action into motion and working groups have been set up to find solutions and reach agreements in the fields of Internet governance and financing mechanisms."




The Politics of International Law by the Academy of European Law online."The law aims to fulfil its double task by becoming formal: by endorsing neither particular communitarian ideals nor particular sovereign policies."




Deborah Charles Publications Abstracts' Library
Authors K is a nice introduction to Hegelian thinking about the law.



Communitarian Corporate Law, "Globalisation of Corporate Regulation and Corporate Citizenship."



Many people who teach, preach, and enforce communitarian law in the United States have never heard of communitarian law. (How's that for deliberately dumbed down Americans?) The world desperately needs lawyers and laymen who comprehend all facets of the new communitarian legislation and law. The European Union recognises, teaches, practices and endorses Community Law. U.N. Declarations like the Earth Charter are all communitarian documents.



Accredited American law schools that teach communitarian law in their classes, publish Communitarian Legal Readers, or host communitarian law seminars at their colleges refuse to respond or discuss communitarian law with peons like us. We've tried for years to find one American lawyer to admit communitarian law exists. We found one that ceased operations, The Wallace Institute. I worked with attorneys Margaret Boyle and Jose Vera for two years on the Dawson case and we never once discussed it, even though the Dawson lawsuit was a 4th Amendment complaint against a DOJ pilot test of communitarian law enforcement proceedures. The Dawson clients were also a human subjects research project in 1999, for the 2002 Homeland Security Agency and for the National ID database, all highly recommended in the 2004 9-11 Commission Report. Understanding communitarian law is obviously confined to elite groups who work to "Rebuild the World" under communitarian values. The people most affected by it, the ones who suffer under it, are never taught what it is. American lawyers just plain ignore it.



There is not one single American alternative "law teacher" who will discuss communitarian law. We don't appear to have anyone besides Dr. Kelly Ross, Ph.d., Jeri Lynn Ball, Joan Veon, Devvy Kidd, Charlotte Iserbyt, Chris Gerner, Detective Philip Worts, Berit Kjos and the occasional unknown writers like us who are willing to mention it. American law schools ignore ACL requests for a rebuttal to our manifesto against communitarian law (although some do offer us "good luck" with our "project.") No one will dispute our philosopical or historical objections either, and political sites refuse to add the Third Way communitarian agenda to their news topic lists. It's the most important and least discussed topic in the entire world. Far too many Americans think it's a conspiracy theory.



Liudvikas Bukys
Weblog
regarding topics of interest to me: system architecture, high performance computing, policy and law, security, software development, web applications. Bukys' weblog is like a historical overview of cybercrime developments.




The most incredible thing is, thousands of Americans are charged and sentenced to jail and prisons for violations of community law every day. All new intervention and prevention programs required under Congressional Acts (such as the Violent Crime Act, Domestic Violence Act, Patriot Act, National Intelligence Reform Act, Homeland Security Act, etc. are based in communitarian legal philosophy. Communitarian "values" justify all wars on inanimate objects too, such as the War on Terror and The Wars on Drugs, Poverty, Crime, Obesity, and any other "idea" we can be convinced to support.



The reason so many more Americans lose and go to jail now is because they are defending themselves against communitarian law with U.S. Constitutional law. Powerful communitarian laws over-rule (balance) constitutional law in every nation. The Sovereignty movement (which studies ways to return American liberty principles via offshore and foreign banking protections) faces the same predicament. No property in the world is protected from communitarian equitable distribution programs. Communitarian law is global law. Community law enforces equitable distribution of wealth (property). It will be fully implemented by 2020, and it's also called Region 2020. HUD's mapping database was called Community 2020.



Free Legal-dictionary-definition of "community"



University of South Dakota definition of "community."



A Definition of Community Service by the University of Missouri.



The ABC of Community Law by Dr Klaus-Dieter Borchardt at EUR-Lex.



The Communitarian Network Bibliography of Law and Communitarian Thinking.


A Communitarian Republic's Communitarian Code of Ordinances and Regulations.



So called communitarian law is openly taught and passed in the European Union. In the U.S. it is quietly taught in elite seminars, and widely adopted inside land management plans. The ACL library would really appreciate hardcopy donations of communitarian law books, and we have given up seeking a constitutional law firm with attorneys who have courtroom experience in defending individuals against communitarian law. Not even the so-called American Freedom Movement has a clue what it is. In fact, much of the American "alternative" research is totally duped by communitarian policies and rhetoric. Even more sad, many American "patriots" actually support communitarian programs that undermine the constitutional laws they claim to defend.



Communitarian law is the most succesful con job in the history of the modern world. The ACL may have "won" the debate against the bogus communitarian ideology, but the American people have definately lost their constitution anyway, because they missed the most important debate in the history of the United States. That's mainly because it was held quietly, in small gatherings of like-minded individuals. The citizens never write these news laws by themselves. Community police and sustainable developers teach the new law. Community change agents gather the data necessary to enforce the new law. COMPASS and Community Policing assist communitarian visionaries to implement the Community Imperial Laws.







Who's teaching communitarian law?



THE PURPOSES AND ACCOUNTABILITY OF THE CORPORATION IN CONTEMPORARY SOCIETY: CORPORATE GOVERNANCE AT A CROSSROADS by MICHAEL BRADLEY,* CINDY A. SCHIPANI,** ANANT K. SUNDARAM,*** AND JAMES P. WALSH**** posted by Duke Law:







2. Communitarianism.



a. Communitarianism Defined. The contractarian ideology has clearly dominated the discourse in the worlds of law, economics, and management during the past fifteen or twenty years. Indeed, after observing this phenomenon, Chancellor Allen of the Delaware Chancery Court observed that "[o]ne of the marks of a truly dominant intellectual paradigm is the difficulty people have in even imagining any alternative view."181 That said, an alternative view does exist. Recognized by the press,182 often associated with the work of Amitai Etzioni,183 and increasingly represented in both the law and economics literature184 and the management literature,185 the communitarian paradigm has emerged as the alternative to contractarian thinking. Its origins lie in the worlds of both theory and practice.



Communitarianism finds its origins in a long-standing controversy about human nature. For centuries, sociologists and philosophers have debated the primacy of individuals or collectivities in the understanding of social life.186 Some believe that self-interested individual decisionmaking lies at the center of social, political, and economic life.187 Others believe that personal preferences and decisions are shaped by, and largely explained by, the social structure and context within which people live.188 Contractarianism is rooted in assumptions [*pg 42] of utilitarian and methodological individualism, while communitarianism finds its roots in humanism and methodological holism.189 The current primacy of contractarian thinking should not be misread as evidence that no other theoretical world view exists.



Turning to business practice, those who view the firm not as an economic aggregation of individuals but rather as an entity, connected in some organic fashion with our social, historical, and political world, ask how economic activity serves society. Indeed, by providing limited liability and various constitutional protections to the corporation, society accords the corporation entity status in the eyes of the law. In this light, Thomas Lee Hazen raises a key question: "What is the quid pro quo that society exacts for granting this special privilege to corporations?"190 In a famous paper, E. Merrick Dodd answered this question years ago: "[A] sense of social responsibility toward employees, consumers, and the general public may thus come to be regarded as the appropriate attitude to be adopted by those who are engaged in business."191 However, communitarians look for evidence in support of Dodd's assertion and come away disappointed. Discussions of externalities and contract failure may explain -- but not explain away -- the fact that corporations often harm or exploit many in society who have a stake in their activities.192 A point of departure for communitarian thinking then is a desire to redress and prevent the harms that firms may inflict upon society.193



The conceptual battle lines are stark. Where contractarianism finds its legitimacy in the values of liberty and competition, communitarians emphasize justice and cooperation. Where contractarians look to Adam Smith's invisible hand for a social welfare logic to justify the distribution of gains from corporate activity, communitarians yearn for an authentic community where the fulfillment of the true needs of society's members justifies corporate activity.194 Focusing on the managerial means to achieve corporate ends, contractarians invoke norms of freedom, while communitarians emphasize responsibility.[*pg 43]



Finally, both camps conjure up an image of a sinister world if their paradigm is not embraced. The contractarians warn of slavery and oppression if communitarians have their way, while communitarians fear exploitation and alienation if contractarianism is unchecked. Table 3 captures the fundamental distinctions between these two corporate worldviews. [*pg 44]








The Univeristy of Virginia hosts a Universitas 21 Global Graduate Programs for Global Leaders.



Judge Calabresi Awarded Thomas Jefferson Memorial Foundation Medal in Law, University of Virginia Law School. "In addition to addressing first year students of property and engaging in numerous informal encounters with faculty and students, Judge Calabresi delivered a public lecture on "Liberte, egalite, fraternite." Calabresi's lecture explored a fundamental problem of constitutional law, how to prevent majoritarian legislatures from interfering with individual liberties in the name of communitarian values ("fraternite")."



Phil 101: Social and Political Philosophy at University of Viginia at Wise.



Kluwer Academic Publishers-Law and Philosophy, An International Journal for Jurisprudence and Legal Philosophy. I found this under "conflict theory."



Georgetown University Law Center-Law Library-Foreign Law (Intl.)



Law and Community: the Case of Torts. "Cochran (Pepperdine University School of Law) and Ackerman (Pennsylvania State University's Dickinson School of Law) consider the possibilities of a communitarian tort system. In so doing they discuss communitarian principles, offer an intermediate communitarian perspective of tort law, and discuss the roles of families, religious communities, and the larger community. Annotation ?2004 Book News, Inc., Portland, OR (booknews.com)."



Social Justice (Ethics) Community. Law-books.org features communitarian books by Amitai Etzioni.



National Constitutions, Foreign Trade Policy and European Community Law posted by The European Journal of International Law, this is a wonderful explanation of the difference between the original U.S. system and Englands'.



II. Constitutional Law and Transnational Exercise of Individual Rights: Freedom of Transnational Trade as an Individual Right?








A. Constitutional Recognition of Supremacy of Individual Rights?


The concept of a limiting constitution grew up in England in response to the abuses of monarchical absolutism, and English constitutional traditions continue to have a bearing on constitutional laws in many countries (in particular those of the Commonwealth). But it is the US Constitution of 1789 which seems to have had the strongest influence on many liberal constitutions adopted by European, Latin American and Asian countries during the 19th century (e.g. the Swiss Constitution of 1874) and the 20th century (e.g. the German Basic Law of 1949). Unlike the English concept of `parliamentary sovereignty', the US Constitution aimed at `a government of laws, not of men' (as described in the Bill of Rights preceding the Constitution of Massachusetts of 1780) by subjecting all government powers to permanent constitutional rules with a higher legal ranking than ordinary legislation and government regulation. The chief constitutional principles - such as limited government under the rule of law, separation and only limited delegation of powers, due process and judicial protection of individual rights - were meant to limit also the powers of Congress, and many framers of the US Constitution viewed the legislature as the potentially most dangerous branch of government. Long-term constitutional limitations were designed to protect the general interests of the citizens against the short term interests of organized groups, which have a strong influence on the daily policy process. Such limitations were expected to protect the equal rights of the citizens more effectively and to give the people more control (`sovereignty') over the political order than if decisions were taken successively by constitutionally unconstrained parliaments or by governments dependent upon majority support.



Perhaps the most distinctive contribution of American constitutional law was the emphasis on the supremacy of individual rights over government powers. The fundamental rights of the people were recognized as existing prior to government, whose main task - as emphasized already in the Declaration of Independence - was to promote individual rights and provide those `public goods' that people cannot or do not provide privately. In accordance with the constitutional principles of limited government, enumerated powers, and protection of individual freedoms against government interferences, the US Bill of Rights explicitly reserves certain powers to the states and to the people.6
[emphasis added]



A rights-based approach is also characteristic of European Community law and is one of the main reasons for the success of European integration. As the European Court of Justice recognized early in its history, `Community law ... not only imposes obligations on individuals but is also intended to confer upon them rights which become part of their legal heritage',7 and thus the EEC Treaty's prohibitions on national tariffs and non-tariff trade barriers can be judicially enforced by the Community citizens themselves, often against resistance by their own governments. In addition to the individual rights derived from primary and secondary Community law, more basic human rights are also recognized as part of the Community legal order and act as legal limitations on the powers of the Community. Individual Community rights, by limiting abuses of regulatory powers through decentralized (`democratic') control and enforcement of Community law, could operate as powerful tools of integration also in the field of the foreign trade law of the EEC. But they are confronted with particular `constitutional problems'. These are, in part, due to the fact that the EEC Treaty - in view of the EC Member States' GATT membership and the comprehensive and detailed obligations which this imposes on them - regulated the foreign trade law of the EEC in only a very scanty manner (e.g. in Articles 110-116, 40, 43). Even the more precise customs union rules of the EEC Treaty (Articles 9-37) are often construed without regard to the underlying GATT obligations of the EEC.8




Indiana University School of Law has Law, Morality and Community Seminar;

Harvard's Center for Public Leadership offers Communitarian Themes in Social Policy and Institutional Leadership;

European Journal of International Law published The Politics of International Law;

The International Institute for the Sociology of Law has a workshop called The Role in Communitarian Law in Implementing Equal Rights ;

The Inter-American Conference of Trabajo published Report About Communitarian Social Policy and Social Law in the European Union;

Univeristy of Kansas posts essays relating to international communitarian law online.





Mexico's Instituto de la Judicatura Federal published an essay called LA UNI?N EUROPEA. PROBLEMAS CONSTITUCIONALES DERIVADOS DE SU ESTRUCTURA Y FUNCIONAMIENTO INSTITUCIONAL which discusses and








"analyzes the way in which the Court of Justice has controlled the principle of the supremacy of communitarian law over domestic laws, as well as over the principle of uniformity in its application, on the basis of international intruments, common constitutional traditions and general principles of communitarian law. In addition, the author explains the role of national courts in the determination of constitutional limits to the process of integration, mainly in what concerns issues such as fundamental rights and the power to determine the jurisdiction limits of communitarian institutions. Lastly, the author stresses the need to establish a structure of the constitutional kind as a useful tool for the efficacy of the process of integration."






Order and Justice in the International Trade System by John Toye.



"Presentations on Community Associations and Related Topics," by Jimmy Winokur, includes "Servitude Regimes in Communitarian Perspective: Community Associations as Settings for Postmodern Community," to Washington State Community Associations Institute, Seattle, WA, June 9, 1992, and "Communities of Interest: Private Land Use Controls & Private Communities -- A Communitarian Perspective," to Association of American Law Schools, Property Section Teaching Conference, Spokane WA, June 6, 1992.



University of Arizona:








LAW 697O. NEW COURSE: The Corporation in Thought and Practice CORP IN THOUGHT+PRACTICE (2-3) II The seminar will place the development of corporate law and theory during the 20th century in a broad intellectual milieu. Particularly, we will attempt to discern the relationship between the development of different visions of the corporation and a variety of economic, social and political concerns. After a brief review of corporate law in the 19th century, the first part of the term will be devoted to the rise of modern corporation and the transformation of democratic theory during the turn of the 20th century (1880s-1930s). During the later part of the course, focus will be made on developments in corporate law since the 1960s. Exploring the ways in which contemporary approaches to corporate law (law and economics, critical legal studies or communitarian visions) draw on earlier paradigms. Workshop - 3. 001 (CB 19:06)






Here's a portion of the legal status under the Cartegena Agreement between Bolivia, Colombia, Ecuador, Per? y Venezuela:








Andean Court of Justice, process 10-IP-94: "How that interrelation or complementarity between national and communitarian law must be given, is an issue that this Court wishes to deal as follows. The provision on article 144 of Decision 344, establishes what some legal writers denominate "rule of closing" (Mat?as Alem?n), according to which, it is left to the legislation of the member countries, the legislative solution to situations not contemplated by the communitarian law, due to the fact that, it is possible that all the cases susceptible of juridical regulation have not been foreseen by it. It is necessary to point out that, in the application of this figure, the intern legislations of each country may not establish requirements, additional requisites or dictate regulations that might, in one way or another, conflict with the communitarian law or restrict essential aspects regulated by it in such a way that represent, for example, a lesser protection for the rights contemplated by the communitarian ruling. (...)"





Harvard Law School Forum - 1950's



INTRODUCTION TO
LAW, CITIZENSHIP, AND JUSTICE
Skidmore.edu. Fall 2002 course syllabus. Their intro explains:








In this course, we will ask what makes a "just society"? Central to this question is the problem of freedom and order-how do we reconcile our twin desires to promote both individual freedom and common good. Does too much freedom lead to social chaos? Does too much order lead to repression and conformity? What is the right balance? In this course, we will examine the role of law in balancing freedom and order. We will explore the intersection of law, justice, and good citizenship.



By the end of the course, we hope you can provide informed answers to these questions: Should individuals sacrifice their own interest in service of the collective good? Should they be required by law to do so? To what extent does our contemporary liberal democracy depend on the socially responsible action of its members? What does it mean to do community service and to engage in service-learning? What does citizenship mean? Is it a right-wing term referring to the sacrifice of the self to God and Country? Or is it a left-wing term reflecting a call for citizens to pay attention to the needs of the poor and disadvantaged? Neither? Both?



Some of the course readings articulate relevant social theories drawn from sociology, psychology, political science, and legal theory, while others provide direct accounts of those engaged in community service. The hidden agenda, of course, in the grand tradition of liberal studies, is to challenge you to develop your own philosophy of law, citizenship, and justice. To make the readings and class discussions concrete, students will participate in one of two service-learning projects and use these opportunities to reflect on their role in the larger society. In one project, you will assist a defense attorney and Skidmore alumnus in a death penalty appeal. In a second project, you will participate in Skidmore's Integrity Board and evaluates its effectiveness as a campus judicial system.[emphasis added]





Forging Federal Systems Within a Matrix of Contained Conflict, New York University School Of Law, Jeanne Monnet Center.



TO PROMOTE THE GENERAL WELFARE: A COMMUNITARIAN LEGAL READER by David E. Carney (Editor). Lanham, MD: Lexington Books, 1999. 324 pp. Cloth $65.00. ISBN: 0-7391-0032-7



Towards A World Domestic Policy by Erik Oddvar Eriksen ; To be published in E.O. Eriksen and J. Weig?rd: A Critical Introdution to J?rgen Habermas. Continuum Press (London, New York).



Policy on Social Equity in conservation and Sustainable Use of Natural Resources, Adopted by IUCN Council Meeting, February 2000.

Religion and Law; Legal Approaches to Religion, by Andrew Huxley, for a Post graduate seminar, March 2001.



West Virginia University's "Constitutional Law and Constitutional Development Syllabus, Part A: Constitutional Theory and Government Powers."



Communitarian Data Privacy.

THE PROSECUTORIAL STATE, by Charles J. Fox, Department of Political Science, Texas Tech University.



The U.S. courts used the term "anti-communitarian" in this brief written in 1984. TONY AND SUSAN ALAMO FOUNDATION, ET AL., PETITIONERS V. RAYMOND J.
DONOVAN, SECRETARY OF LABOR
No. 83-1935, In the Supreme Court of the United States, October Term, 1984, On Writ Of Certiorari To The United States Court Of Appeals For The Eighth Circuit:








Brief For The Respondent

Petitioners rather vaguely assert (Br. 30) that forcing "the
volunteer worker" to accept "wages in prescribed amounts" is "contrary
to his religious convictions." Without explaining the significance of
the comments, petitioners quote (Br. 31) two representative
associates, Ann Elmore and Bill Levy, to the effect that the thought
of compensation is "vexing to my soul" (J.A. 79) and that to be forced
to take a wage "offends my right to worship God as I choose" (J.A.
63). /17/ Neither of these statements, however, is especially
illuminating. There is nothing peculiarly religious about Elmore's
sentiment. Persons may be vexed for entirely non-religious reasons by
what they feel to be the anti-communitarian quality of making explicit
the nexus between what they do and what they get. And Levy's
statement, while making clear that the source of his objection is
religious, leaves the courts entirely in the dark regarding what it is
about the minimum wage laws that he finds objectionable. For
amplification, it is necessary to examine these associates' other
comments and actual behavior.





Who supports communitarian law?



TERRORISM, LIBERTY, AND COMMUNITY: Why We Need a Stronger Focus On the Common Good By SCOTT IDLEMAN, Tuesday, Sep. 18, 2001 at findlaw.com. "Americans are fond of liberty, particularly the liberty of the individual. We have numerous words to describe it: liberty, freedom, autonomy, privacy, and rights, among others. Until very recently, however, we have not placed as much emphasis on the common good or the public welfare. If the horrific events of September 11 are any indication, this may ? and arguably must ? change.Community and the Constitution: Our relative lack of focus on the common good is actually quite surprising, given that the preamble to our national Constitution is mostly communitarian, rather than individualistic, in orientation."



(How is it possible that the preamble to the U.S. Constitution was written in 1787 as a communitarian document when the communitarian philosophy evolved in the 1990s? ~ed.)



Accounting and Administration degree requirements include Communitarian Law in the 4th year. The INTERNATIONAL OFFICE stimulates and supports the development of internationalisation in all aspects of ISCAPs activities, namely concerning ERASMUS programme, together with the International Programmes Office (GPI) of Polytechnical Institute of Porto.



The following quote comes from LD Debate.org and shows how far the term can be stretched by American students (and I have no idea where this student found his information: "My first contention is that the United States is morally obligated to promote democratic ideals in other nations because of communitarian law. Communitarian law states that if you have the power to do something for the better, you are morally obligated to. Promoting inalienable rights, freedoms, equality (democratic ideals) would be aimed towards the betterment of the world. The United States clearly has the power to promote ideals of democracy in other nations, due to their becoming the world?s super-power after the fall of the Soviet Union. Therefore since the United States can promote these ideals, it is morally obligated to. The United States under President Clinton in the 1990?s accepted this and promoted democratic ideals abroad, and gained great fame for it. Many people would line up for hours just to see the president, because they honestly felt they were being helped by the most powerful nation. In other words, it relates to the idea of watching a man drown right next to the dock, with another man standing on the dock. The person can easily help them, but decides to walk away. This is exactly what occurs when the United States chooses not to promote democratic ideals in other nations. This ties in with my value of protecting natural rights because by expressing its obligation to promote democratic ideals through communitarian law, it is achieving guaranteeing natural rights."



Communitarian law has been successfully taught in law schools across the U.S., and the new communitarian morality has the support of everyone from Harvard to the European Union. Starting out attacking relatively unsupportable behaviors like child pornography, Harvard Law hosts hot events like Harvard's symposium on communitarian law where they invited Zionist communitarian Professor Amitai Etzioni to initiate attacks on the inherent legal flaws in the outdated nationalist U.S. Constitution.

For 200 years the U.S. Constitution was considered to be the most powerful people's contract with their government in the history of the modern world, and many nations copied from it when designing their own constitutional governments. Today, even as new republics (like the anti-communitarian Czech Republic) continue to emulate the American nationalist quest for freedom, the American internationalist communitarians look to the United Nations as the more moral bastion of individual freedoms.

Here are but a few of the many places to go for more information about communitarian law, to see for yourself the hope it's already brought to an unstable world:








DISORDER LAWS AND THE COURTS: REVIEW OF RECENT LEGAL DEVELOPMENTS by Roger L. Conner, J.D.







US Dept of Justice's website has a
Keynote Address: A Retrospective on the Thirty-Year War Against Crime by

The Honorable Patricia Wald, Judge, U.S. Court of Appeals,

District of Columbia Circuit, which in 1998 was a most thorough examination of 30 years of advancing communitarian goals.










Criminal Justice Today:Title XXVI of the Violent Crime Control and Law Enforcement Act of 1994 mandated establishment of a 28-member National Commission on Crime Control and Prevention. The commission, which is bipartisan and includes congressional as well as presidential appointees, is composed of law enforcement professionals, judges, mayors, prosecutors, professors, and former state attorneys general. Selected to chair the commission is Lee Fisher, a former Ohio state legislator and state Attorney General with a long anti-gun track record. Fisher is a member of the Board of Directors of the Center to Prevent Handgun Violence. The Commission is expected to release its final report in late 1999. Like the findings of its predecessors, the 1967 President?s Commission on Law Enforcement and Administration of Justice, and the 1973 National Advisory Commission on Criminal Justice Standards and Goals, the report of the National Commission is expected to substantially impact criminal justice activities and crime control initiatives during the first few decades of the twenty-first century. Among the Commission?s mandates are:

(1) To develop a comprehensive proposal for preventing and controlling crime and violence in the United States.




Institute for Law and Justice




POLICE POWER AND THE PUBLIC TRUST: PRESCRIPTIVE ZONING THROUGH THE CONFLATION OF TWO ANCIENT DOCTRINES, by Donna Jalbert Patalans details the legal basis for community policing strategies. Her abstract explains: "The close historical affinity between the Public Trust doctrine and police power supports a more expansive view of zoning. The doctrines? kindred public interest spirit can empower localities to adopt dynamic, proactive, prescriptive zoning ordinances that promote community character. To do so, municipalities must self-define their unique community assets and ambiance through an openly developed comprehensive plan that honestly memorializes development patterns and sets forth community goals."






Law Research: Law Enforcement









Chinese communitarian law



Chinese communitarian case law published in Law & Society
Volume 37 Issue 3 Page 549 - September 2003
doi:10.1111/1540-5893.3703003, can be accessed from Blackwell Synergy. This "Confessions and Criminal Case Disposition in China"
Hong Lu, Terance D. Miethe. "... examines confessions and criminal case disposition in China. It describes how wider economic reforms in China and subsequent changes in its legal system may have affected the nature and consequence of criminal confessions. Bivariate and multivariate analyses of a sample of 1,009 criminal court cases reveal that the majority of offenders confessed to their crime and that confession is associated with less severe punishments (e.g., lower risks for imprisonment, shorter sentences). Changes in the nature of confession and its impact on criminal court practices are also examined before and after legal reforms in the mid-1990s. These context-specific findings are then discussed in terms of their implications for understanding the interrelationships between legal structure, legal culture, and case disposition in communitarian-based societies."





Sino Laws, Chinese Legal Consultation Network. Includes full text of Chinese Socialist Constitution/





Chinese Citizens Economic, Cultural and Social Rights





From talk: communitarianism at wikipedia:



"I have many good reasons to associate the international usage of communitarian law to Etzioni and his George Washington University's Institute for Communitarian Policy Studies. I've read much of what Etzioni has "written," even though his assistant Erin Riska admitted he wrote hardly any of it (and she later retracted that to mean it only had to be heavily edited). The good doctor has been writing about the "need" for a new communitarian legal order since 1957. His brand is the entire basis for legal programs tested by Community Oriented Policing Services (COPS http://nord.twu.net/acl/commpolicing.html) established by Clinton in 1994. Communitarian laws were inserted inside Seattle's 38 Local Agenda 21 Plans in 1999. Balancing community rights is based in communitarian legal principles. In the EU the new system IS the "community" and the national laws of every member country are subserviant to the "Code de r?daction interinstitutionnel." Etzioni advises both US state and federal government agencies to make legal changes to constitutional systems and procedures. He is a strong advocate for limiting U.S. privacy rights and he is a primary player in the unfolding unauthorized national ID database system. (COPS tested the data-gathering operations in Seattle in 2000, it's called COMPASS, Community Mapping, Planning and Analysis for Safety Strategies http://nord.twu.net/compass.html). Here's another one of my reasons: the Communitarian Law newsletter/subscriber list at GWU: http://www.lsoft.com/scripts/wl.exe?SL1=COMMLAW&H=HERMES.GWU.EDU (it has 1,965 members).[[Niki Raapana ~~~~]]"




ACL correspondence with Antonio Rossman regarding his above cited quote


First reponse from Tony Rossman on August 11, 2005:



Just got your email , having been away and out of email for a while. Let
me look your material over as I catch up after few weeks away. In a
nutshell I was equating communitarianism with representative democracy
(which may now seem a faux pas in this age of terminology) and meaning to
say the Court would not allow a single spoiler to thwart community will to
redevelop what the community as a whole considers blight. That does not
mean that democracies cannot prove oppressive or unenlightened; as I
indicated in my remarks, the Court would not categorically rule out the use
of eminent domain, but left it to the States to fix the abuses. The
subsequent reaction to Kelo seems to bear out that the Court's intent is
being carried out; the proposals to reign in unfortunate uses of eminent
domain appears even to have reached the Governor of Connecticut, source of
the problem in the first instance.



So let me check out your site and understand your views and see what
dialogue may be profitable.



Thanks for writing, and again regrets at my delay.



Tony Rossmann




On 7/27/05 1:21 PM, "Niki Raapana" wrote:




> Dear Professor Antonio Rossmann,



>
> In a recent interview in the Wall Street Journal you explained that the Kelo
> decision was a "benign communitarian decision." You also claimed that "The
> court said we aren't going to be the engine for that anti-communitarian
> process."



>
> A Closer Look at Eminent Domain- What the High Court's Decision May Mean for
> Homeowners by STEVEN SLOAN / href=http://www.realestatejournal.com/search/index.asp>Wall Street
> Journal
24jun2005 href=http://www.mindfully.org/Reform/2005/Eminent-Domain-Supreme24jun05.htm>ht
> tp://www.mindfully.org/Reform/2005/Eminent-Domain-Supreme24jun05.htm




>
> We are very interested in what you meant by identifying communitarianism as
> "benign," and how you interpreted the high court's decision to say they
> "weren't going to be the engine for that anti-communitrian process."



>
> Communitarians create self-appointed, unelected councils that are mostly
> unknown to the local voting populace (which are quite often unknown to local
> elected representatives). How does a benign communitarian decision endorse
> people acting through their representative government?



>
> It appears you and I have both publically identified the communitarian
> purpose for Kelo. Our website is devoted to exposing communitarianism as a
> fraud. Are you interested in an online debate against us, at our website,
> over the constitutionality of communitarian decisions in the United States?



>
> Sincerely,

> Niki Raapana, Anti-Communitarian League

> http://nord.twu.net/acl





Federal Courts Flowcharts by Karl Manheim.








Will every former nation need to establish a Justice Communitarian Administration to hear the cases? What administration level will direct the Communitarian Police regarding whom to investigate, for what "crime," and when to make the arrests? Will requirements for warrants disappear?
Romania's National Anti-Drug Agency posts a list of Bogdan Iasnic,
Head of the Evaluation Coordination Directorate's published articles and works, which includes:
Communitarian Police - NATIONAL Publishing House, 2002, Bucharest. Mr. Iasnic was also a consultant for: Justice Communitarian Administration - 2nd Edition - EXPERT Publishing House, 2001, Bucharest.




Section on National Security Law


Outsourcing the War on Terrorism: Extraordinary Rendition, Shadow Warriors, Dirty Assets, and Battlefield Contractors
(Program to be published in the Journal of National Security Law & Policy)



Moderator: Peter Raven-Hansen, The George Washington University Law School

Speakers: Jeffrey F. Addicott, St. Mary?s University of San Antonio School of Law

Joseph Margulies, The University of Chicago, The Law School

Steven L. Schooner, The George Washington University Law School


A perpetual war on terror on a global battlefield stretches our military, intelligence and law enforcement resources to the breaking point. ?Outsourcing? missions to third parties, foreign police and intelligence officers, mercenaries and other ?shadow warriors,? and private contractors can extend our resources. We outsource interrogation and detention by extraordinary rendition to cooperative foreign states. We outsource covert operations by employing ?privatized? special operations forces, mercenaries, or local ?dirty assets? who violate their own states? laws. We outsource interrogation, personal security, or other battlefield missions by contracting with private corporations.



Each of these methods of outsourcing lets us, in effect, wage the war ?off the books.? But does it also take the outsourced missions off the law books? Whatever the method, outsourcing poses some or all of these questions: What is the legal authority for it? Do the laws that control the ?principal? in an outsourcing relationship apply to the ?agent?? If not, what laws apply instead? How are they enforced? Who oversees the relationship? To what extent, if any, is the principal accountable for the acts of the agent?



The panel will address such questions by examining a range of methods by which missions in the war on terrorism have been outsourced. Lecturer Margulies, counsel in Rasul v. Bush and for Mamdouh Habib (who was rendered to Egypt where he was allegedly tortured), will discuss extraordinary rendition. Professor Bradford, author of The Laws of Armed Conflict and Transnational Security in the Age of Terror (2005), will discuss outsourcing covert operations to private ?shadow warriors.? Professor Addicott, author of Winning the War on Terrorism (2003), will discuss contractors on the battlefield.



Professor Raven-Hansen, co-author of the casebook National Security Law (4th ed. forthcom 2006) will moderate.



Section on International Human Rights Law



Out of Bounds? Considering the Reach of International Human Rights Law


Moderator: Deena R. Hurwitz, University of Virginia School of Law

Topics and Speakers:

The Approach of the Inter-American System:

Christina Cerna, Senior Human Rights Specialist, Inter-American Commission on Human Rights, Washington, District of Columbia



Comparative Models:

John Peter Cerone, New England School of Law



U.S. Exceptionalism:


Michael Ratner, President, Center for Constitutional Rights, New York, New York



Scope of Application of the ICCPR and other Human Rights Treaties:

Andre M. Surena, Office of the Legal Advisor, U.S. Department of State (ret.), Washington, DC

The Approach of the European System

Nina Vajic, Judge, European Court of Human Rights, Council of Europe, Strasbourg, France



In the decades following the adoption and entry into force of the major human rights treaties, the capacity of states to project their power beyond their borders has dramatically increased. A crucial consequence of the projection of this power is the increasing breadth of the state?s impact on the enjoyment of human rights in territories far beyond its physical frontiers.



In addition to traditional situations of armed conflict and cross-border law enforcement operations, individuals today may find themselves in the power of states in fairly complex configurations. States are increasingly operating through multilateral frameworks, e.g. through the United Nations or regional peacekeeping operations with increasingly expansive mandates. In addition, states are now purporting to create zones beyond the reach of their human rights obligations. The United States detention facilities at Guantanamo Bay, on U.S. ships, and in secret locations, as well as Australia?s use of Pacific island territories for asylum seekers raise controversial questions as to the nature and purpose of human rights norms.



Whether such extraterritorial conduct is beyond the reach of the relevant states? obligations under international human rights law is a question very much alive before international courts and human rights mechanisms. Increasing numbers of cases involving alleged human rights violations committed outside the physical territory of the state are being adjudicated in various international fora. These institutions have already developed a varied jurisprudence, accepting extraterritorial application of norms to the different scenarios to differing degrees. While there has recently been some normative convergence, the enthusiastic approach of the Inter-American Commission on Human Rights remains in sharp contrast to the cautious methodology of the European Court of Human Rights. And while the International Court of Justice in its recent Advisory Opinion on the Israeli wall found both International Covenants to apply extraterritorially, the brevity of its analysis leaves many unanswered questions.



The broad range of cases encompasses a similarly broad range of issues. Should states be bound by human rights treaties with respect to their extraterritorial conduct? If so, in what circumstances and under what theory? Will different standards be required for acts or omissions? for failing to respect or failing to ensure? for civil and political rights or economic and social rights? for the acts of officials and the acts of private agents? What weight should be given to the intent of the drafters in such cases? And how do the standards differ between treaty and customary law? What about treaties developed within and for a particular geographic region? Do such treaties apply only within the legal space of those regions? Should they?



This panel will bring together scholars, practitioners, and international judges in an attempt to answer these questions. The panel will have five speakers and a moderator.



Business Meeting at Program Conclusion



Section on Law and Communitarian Studies

A Conversation About Abortion



Moderator: Robert F. Cochran, Jr., Pepperdine University School of Law

Speakers: Jack M. Balkin, Yale Law School

Teresa S. Collett, University of St. Thomas School of Law

Elizabeth B. Mensch, State University of New York at Buffalo School of Law



Given the lack of thoughtful public debate about abortion in recent decades, it would appear that the answer to the question raised by Professor Mensch and Alan Freeman in the title of their thoughtful book, The Politics of Virtue: Is Abortion Debatable? (Duke, 1993) is ?no.? But it may be that the time is right to re-open discussion on this difficult issue. It may be that pro-life losses at the courthouse and recent pro-choice losses at the ballot box may have opened up the opportunity for discourse. Some of the ?judicial opinions? in Professor Balkin?s newly published What Roe Should Have Said (Yale, 2005) suggest the possibility of a conversation (the opinions of others suggest not). For communitarians, concerned with the nature of our public discourse, the importance of a reasoned conversation about this issue is paramount. One wonders whether any Supreme Court nominee of any position or non-position on this issue will be able to get a vote from any foreseeable United States Senate. The abortion issue brings to mind several communitarian themes. Should the unborn child be a part of the community? No other issue is so dominated by (in Mary Ann Glendon?s phrase) ?rights talk.? Is this an area where ?rights talk? of unborn children, of pregnant women is appropriate? Or has ?rights talk? made thoughtful discussion of this issue impossible? Communitarians prefer to resolve issues through intermediate communities and persuasion, rather than law. Is this issue appropriately left to persuasion, rather than law? The abortion debate has been framed in Enlightenment liberal terms rights, privacy, due process. Is there communitarian language with which we might better address this issue? Hear contributors to the above-mentioned books address this important issue.





Appendix



ACL correspondence with Professor Antonio Rossman regarding his above cited quote.



Furman Center for Real Estate and Urban Policy, NYU holds a Seminar on "Community Development Law," including "Property Theory: This seminar, taught by Professor Wyman, examines contemporary debates about property using a range of legal, historical, and philosophical materials. The seminar begins by considering four theoretical approaches to property law: the classic utilitarian justification for private property; the Lockean case for property; contemporary rights-based theories of property; and communitarian perspectives. The seminar applies these approaches to live controversies in areas such as environmental and intellectual property law. Drawing on the four theoretical perspectives, the seminar then addresses a range of topics, including property and economic development, the tragedy of the commons, the limits of property rights and markets, social norms, takings, and reparations." [emphasis added]



ContractsProf Blog A Member of the Law Professor Blogs Network is advertising: "Samuel Johnson once wrote that no one but a fool writes for any reason except money. The Communitarian Network-a group of academics and others dedicated to pursuing communitarian ideas in law-is taking that lesson to heart with a very market-oriented approach for stimulating thinking on the subject: cash prizes.// The group is offering three prizes of $10,000, $5,000, and $2,500 on "philosophical, sociological, or other elements of communitarian thinking. Deadline is December 31, 2005; selections will be made by a Daniel Bell, Hans Joas, and Amitai Etzioni." [emphasis added] (We've received email confirmation, our December 31, 2005 before the last hour email submission was accepted. We're very excited to have our essay included in a contest for cash!)




Talk:Communitarianism at Wikipedia.org. ACL founder tries to get Wiki to include a section on communitarian law. Update December 8, 2005: Wikipedia editors agree communitarian law exists. Update: January 12, 2005: Communitarian Law is added as one of the now 3 main topic areas. We won another debate on the talk communitarian page. (The first was to include a link to opposition websites. I should add a link under ours to American Freedom Press. They call our wins "reaching consensus," but ACL studies have been a long upward climb with very little feedback, so we prefer the term "winner!" I could probably win a debate on Wiki about consensus too.)


Related ACL Articles

United Nations' Local Agenda 21- The quiet law

Community Government 101

Balancing U.S. Law against Talmudic Law

The Roosevelt Neighborhood Plan


Community Policing

U.S. States's COMPASS-GIS Database

Dawson et. al. v. The City of Seattle et. al., currently in Ninth District Court of Appeals




ACL's Whole System's Management Charts:

U.S. Constitutional Law versus Communitarian Law: Chain of Command and Rule of Law

Who's on first? Big Mother's Game Plan: Checkmate



Federal Flow Charts by Karl Manheim




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