What Next?
“Is the World ready for a World Court of
Human Rights?” This question was raised by
Professor Thomas Buergenthal, when he was
first contacted by me as I was preparing for
my first trip to India in December 2013. Pro-
fessor Buergenthal literally “wrote the book,”
in fact many of them, on the subject of the in-
ternational protection of human rights, and
on public international law generally. I came
across his name when, in preparation for my
first trip, I read his two “Nutshells” on those
topics. I told him what we were undertak-
ing, and he expressed sincere doubts that
we would succeed. That said, he was willing
to participate in a fairly lengthy conversation
with me on a Sunday afternoon, and his in-
sights were extremely helpful in my planning
of the strategy for the Design Team’s efforts.
We did “our thing” for a couple of years,
and with the Treaty of Lucknow in what we
felt was “good shape,” with some trepida-
tion, I sent Professor Buergenthal a copy. His
response was roughly, “This is remarkably
good...but I’m still not sure that the World is
ready for a World Court of Human Rights.” I
was delighted. I knew what he was saying
was right, and to have it come from him was
a powerful and satisfying affirmation.
In discussing the upcoming publishing of
this article in the Vermont Bar Journal, we
garnered expressions of interest from the
American Bar Association’s International Law
Section. We will explore the publication of a
variant of this article in one of their special-
ty publications: The International Law News;
and/or The International Lawyer; and/or a
new human rights publication known as The
Clarion. The ABA may also be interested in
having us prepare a webinar for live deliv-
ery, which would be archived in its perma-
nent continuing education resources. The
idea going forward is to spread the word
as broadly as possible. I have never met a
single person who believes that the cre-
ation of a World Court of Human Rights is
a bad idea. Some question the enforceabil-
www.vtbar.org
ity of its decisions. Others question the will-
ingness of certain countries, or at least cer-
tain perceived “critical” countries, to subject
their policies and/or actions to the scrutiny
of such a Court. But...no one questions the
value of such a Court.
An Advisory Board
Our colleague at the Indian Mission to the
United Nations put us in touch with Jonathan
Granoff, Executive Director of the Global Se-
curity Institute, who also curates the meet-
ings of the Nobel Peace Laureates. He has
provided us with a long list of globally-in-
fluential leaders whom he believes can be
counted upon to support the World Court
of Human Rights. This list has been com-
bined with the list of individuals (Chief Jus-
tices and others) who have been identified
by the efforts of the WCHR Development
Project to date, and if we can get the fund-
ing to take our efforts to the next level, they
will all be solicited for the purpose of being
include d on the list of those who support a
WCHR. The list is roughly 50 in number, and
includes former heads of state and the most
highly-placed academics.
How Stay Informed and/or Get Involved
Visit our website (www.worldcourtofhu-
manrights.net);
Take our online survey (https://www.sur-
veymonkey.com/s/WorldCourt); and
Submit comments through our website.
Comments are constantly monitored, and al-
ways receive a timely response.
ing company. Both Charlotte and Paula gave
us far more service than we were able to pay
for, which is a reflection of the infectiousness
of the mission. As a further incentive for do-
nations, the WSA created the related World
Citizenship Foundation, which was awarded
501(c)(3) status in the past year. As a result,
donations earmarked for the World Court of
Human Rights are now tax deductible. We
have met with numerous NGOs, which uni-
versally express support for our efforts,
but which also understandably have their
own financial priorities. We estimate that
$500,000 would allow us to create and sup-
port an influential Advisory Board, develop
broad-based publicity, and enlist the neces-
sary nation-state sponsors within the United
Nations.
The Treaty
Included below are the Index, and select-
ed portions of the full text, of the Treaty of
Lucknow. The full text of the Treaty can be
found at www.worldcourtofhumanrights.net.
For readers who have made it this far, I am
confident that the Treaty will offer panoramic
views of the full range of issues that sit at the
intersection of supranational courts, public
international law, and the protection of hu-
man rights. Enjoy, and please participate!
The Statute of the World Court of Human Rights
(The Treaty of Lucknow)
Contents......................................................................................................................Page
Article 1 ACCESSION TO THE TREATY............................................................................ 1
Article 2 ADMINISTRATION OF THE COURT................................................................... 2
Article 3 JUSTICES OF THE COURT................................................................................. 2
Article 4 SELECTION OF JUSTICES.................................................................................. 2
Article 5 TERMS OF JUSTICES.......................................................................................... 3
Article 6 CONDITIONS OF SERVICE OF JUSTICES.......................................................... 3
Article 7 DISMISSAL OF JUSTICES................................................................................... 4
Article 8 OFFICERS AND STAFF OF THE COURT............................................................ 4
Article 9 THE SEAT OF THE COURT................................................................................. 4
Article 10 COURT SESSION AND LEAVE.......................................................................... 4
Article 11 DISQUALIFICATION OF A JUSTICE................................................................. 5
Article 12 FULL COURT HEARINGS.................................................................................. 5
Article 13 PANELS OF THE COURT.................................................................................. 5
Article 14 THE COURT’S RULEMAKING AUTHORITY...................................................... 5
Article 15 PARTY RIGHTS REGARDING NATIONALITY OF JUSTICES............................. 5
Article 16 COMPENSATION OF JUSTICES AND COURT STAFF..................................... 6
Article 17 ALLOCATION OF THE COURT’S BUDGET AMONG SIGNATORIES............... 6
Article 18 CONTENTIOUS JURISDICTION OF THE COURT............................................ 6
Article 19 ADVISORY JURISDICTION OF THE COURT.................................................... 7
Article 20 SUBSTANTIVE LAW TO BE APPLIED BY THE COURT..................................... 7
Article 21 SELECTION OF CASES..................................................................................... 8
Article 22 CLASS ACTIONS............................................................................................... 8
Article 23 STANDING AND PARTY STATUS..................................................................... 9
Article 24 EXHAUSTION OF REMEDIES........................................................................... 9
Article 25 THIRD PARTY PRACTICE................................................................................ 10
Article 26 EXPERT TESTIMONY...................................................................................... 10
Article 27 STANDARD OF REVIEW................................................................................. 10
Article 28 OFFICE OF THE OMBUDSMAN..................................................................... 10
Article 29 MEDIATION.................................................................................................... 11
Article 30 REMEDIES AVAILABLE TO THE COURT........................................................ 11
Article 31 IMPLEMENTATION OF THE COURT’S DECISIONS
AND ORDERS............................................................................................................ 11
Article 32 RULES OF PROCEDURE OF THE COURT...................................................... 11
Article 33 REVISIONS OF THE COURT’S ORDERS........................................................ 12
Article 34 AMENDMENT OF THE STATUTE OF THE COURT........................................ 12
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