Demarche against UN Pact for the Future
Dear Excellencies:
Please accept my Compliments. This Pact for the Future will be concluded by Heads of State and Heads of Government who presumptively have Extraordinary and Plenipotentiary Powers to unilaterally bind their respective States under International Law. As such this Pact will constitute a Treaty as defined by the Vienna Convention on the Law of Treaties with all the legal obligations that attach to and flow from a Treaty under both International Law and the domestic Constitutional Laws of the respective States.
This Pact will constitute an end-run around the established procedures for amending the United Nations Charter that are set forth therein. This Pact will set up the United Nations Secretary General as the Dictator of the entire Uniting Nations Organization upon his mere ipse dixit that there exists an "emergency" as defined by him. To the contrary there are six Independent Organs of the United Nations: The Security Council; the General Assembly; The Trusteeship Council; The Economic and Social Council; The International Court of Justice; and the Secretariat. That is precisely why he is called Secretary General, a mere Secretary, and not Director General.
These 6 U.N. Organs were deliberately set up at the San Francisco Conference to be independent of each other with no one Organ having supervisory jurisdiction over any other Organ. But under this Pact the UN Secretary General will in violation of the terms of the United Nations Charter arrogate to himself all of the powers of the General Assembly, the Trusteeship Council, the Economic and Social Council, and the Secretariat as well as over the all U.N. Specialized Agencies and U.N. Affiliated Organizations. He will thus become the Dictator General of the United Nations Organization, not its Secretary in charge of only the Secretariat as originally designed at the San Francisco Conference. This totalitarian arrangement will constitute a grave and dire and immediate threat to the Sovereignty and Independence of all United Nations Member States. For these reasons, I implore you to vigorously oppose this Pact for the Future.
Please accept the assurance of my highest consideration.
Francis A. Boyle
Professor of International Law.