Part 1.  Preface[1] — The Taiwan Model of the Charter for Permanent Peace

1. About the underlying premise: We operate on the permanent concept of “all for one and one for all”[i]

(a) The most sacred right of the "people" is: to create the highest values in life[ii], to demonstrate the basic standards of the Constitution[iii], to improve the allocation of human resources, and to promote permanent peace in the world.

(b) The most urgent obligations[iv] of the "nation" are: to establish a great cause for the people, to develop great love among humankind, to establish great unity between heaven and earth, and to establish a common cause for all nations.

2. About [Sources of Sovereignty and Law[v]] ~ Our people operate on this basis:>

(a) "Sovereignty is in the hands of the people." All public power exists to serve the people of the whole country and the people of the world. The people are the exclusive holders of sovereignty and the sole source of state power. Therefore, the sovereignty, constitutional power[vi], and rights to draw up and amend constitutions for the state are all directly and unconditionally in the hands of the taxpayer. The State and its organizations and public officials cannot deprive them of this right.

(b) "The Constitutional Source". Based on natural law, natural rights, international absolute law[vii], public international law, the UN Charter, the San Francisco Peace Treaty, the Taiwan Relations Act of the US, the principle of national sovereignty in the hands of the people, and the right of constitutional amendments held by the people, we draw up the "Charter for Permanent Peace"[viii] (hereinafter: this Constitution).

3. About “Vision” and “Mission” ~ Our vision and mission with regards to humanity[ix]:

(a) "Personal Vision" views "people" as its main focus and holds the world's human rights standards as the core in creating the highest values in life. Everyone will achieve self-realization and live and work in peace and happiness.

(b) "National Vision" adheres to permanent peace - all laws in one; constitutional standards and global unity. Constant conceptual innovations, innovative methods and institutional innovation lead to permanent and peaceful development, demonstrating the minimum standards of the universal constitution to save freedom and overthrow dictatorships. [Taiwan] will naturally become the capital[x] of permanent peace and of all human beings.

(c) "Global Vision" adheres to the idea of "Global Law, the [Taiwan] Dream" as its sacred mission in building a nation and benefitting the world. This can be seen in "Global Common Laws: Globalization in [Taiwan][xi]; Humanity's Great Future and the ‘Taiwanization’ of the whole world.[xii]. This is presented as the world's everlasting "Constitution of all constitutions” and “System of all systems", promoting the ideas of a unified world and a paradise shared by all nations — the ultimate vision of humanity.

(d) Our "Everlasting Mission" is to promote global freedom, democracy, human rights, the rule of law, and global co-opetition in legislation, administration, prosecution, and justice. Promoting constitutional standards (ISO), improving resource allocation and promoting permanent peace are the most sacred rights of the people. All of these are a part of our most urgent obligation.

4. About [Universal Faith]: We pursue global law, the [Taiwan] dream and the global dream, insisting that:

(a) "Humanism" recognizes human rights as an inherent gift. The state acts to protect human rights, firmly believes that the world's human rights standards and human rights must be globally integrated[xiii], and adheres to global unity among all human beings.

(b) "Constitutionalism" is the idea that protecting the world's human rights standards calls for establishing world constitutional standards. Adherence to constitutional recognition of human rights is a global internal issue, recognizing that human rights take precedence over political power and sovereignty[2].

(c) "International legalism" holds that everyone is responsible for the fate of the world. This means adhering the concept of one world under one set of laws, directly restraining all powers of the state, and protecting the rights of the people[3].

(d) "Global (multi-common law)" believes there is a higher natural law, a heavenly grade of justice which extends beyond the sovereignty of rulers and the people and above all humankind[4]. We insist that all laws should meet the requirements of "nature, justice, morality, freedom, democracy, and human rights."

5. About [Universal Values]: The general goal is to build a great cause for the people and humanity:

(a) "Freedom Standards[xiv]." The earth is our homeland, and all human beings are our family members; the Constitution is our embodiment, and freedom is our soul. (Refer to §1: Freedom Standards)

(b) "Democracy Standards[xv]" We constitutionally affirm that the entire nation is a full democracy for our people; any place where the whole world is fully democratic is the hometown of [Taiwan]. (Refer to §2)

(c) "Human Rights Standards[xvi]." We have constitutionally confirmed that people are born free and equal in dignity and rights. (According to §3: Human Rights under Unity)

(d) "Rule of Law Standards.[xvii]" We constitutionally affirm one world under one set of laws, with direct impact on all powers of the state and directly protecting all rights of the people. (Refer to §4: Rule of Law Standards)

6. About a [Global System] ~ We construct a system of peace composed of one world under one set of laws:

(a) "Legislation Standards." All national organizations shall follow the principle of global co-opetition in legislation, constructing a world of peace and development (multi-common law) that human beings can utilize on a long-time basis[xviii]. (Refer to §5)

(b) "Administration Standards." Initiate global governance[5] and create global co-opetition principles in administration; loosen the shackles of those suppressed by autocratic regimes and move towards creating a good environment for permanent peace and development in the world. (Refer to §6)

(c) "Prosecution Standards." The laws of heaven and earth and all nations are compiled into a single "global law". The ranking order is: World Law → Natural Law / Absolute Law → International Law (Legislation) → Universal Constitution → International Law (Contracts) → Laws → Orders. (Refer to §4.4: Rule of Law and §7: Monitoring Standards).

(d) "Justice Standards" guarantees that the people's efforts will not have been in vain, and one’s human rights will never lag behind those in other countries. Everything that is conducive to the promotion of universal values shall be inherent in the nation's constitution and laws[xix]; half of all Chief Justice shall come from various continents around the world. (Refer to §8 Justice)

7. About [self-actualization]. All people shall have open access to the internet under the principle of returning sovereignty to the people:

(a) "Create a Holy Land for Peace and Freedom." Hard Work Reaps Victory[6]; live and be free. Fight to make [Taiwan] a holy land for freedom, with everyone serving as an angel of freedom. (Refer to §1: Freedom Standards).

(b) "Fight for the Holy Land of Democracy. Hard Work Reaps Victory; fight for yourself to be the master, and fight to make [Taiwan] a holy land for democracy. Everyone who fights will be an angel of democracy. (Refer to §2: Democracy Standards)

(c) "Fight for a Holy Land for Human Rights." Hard Work Reaps Victory: fight for human rights and global unity. Fight to make [Taiwan] a holy land for human rights. Everyone who fights will be an angel of human rights. (Refer to §3: Human Rights Standards)

(d) "Fight for a Holy Land for Rule of Law." Hard Work Reaps Victory, fight for global rule of law and constitutional standards. Everyone who fights to place [Taiwan] under rule of law will be an angel of the rule of law. (Refer to §4: Rule of Law Standards)

(e) "Fight to be a master of legislation." Hard Work Reaps Victory: a portion of all legislators will face election each year. [Taiwan] shall be a model for global co-opetition in legislation. You and I will then in effect be lifelong super legislators. (Refer to §5)

(f) "Fight to be a master in administration." Hard Work Reaps Victory; directly elect the heads of various ministries. [Taiwan] shall be the ultimate example for global co-opetition and administration. You and I will be in effect super-executives for life. (Refer to §6: Administration)

(g) "Fight to be a master in prosecutorial matters." Hard Work Reaps Victory; achieve direct election of heads of prosecutorial organizations. [Taiwan] shall serve as the ultimate example[xx] for global co-opetition in prosecutorial action. You and I will then be lifelong prosecutors ourselves. (Refer to §7: Prosecution)

(h) "Fight to be a master in Judicial Matters. Hard Work Reaps Victory; achieve direct election of the head of the justice department. [Taiwan] shall be the ultimate example for global co-opetition in justice. You and I will then be lifelong judges ourselves. (Refer to §8: Justice)

8. Regarding [Scope of Application] ~ We affirm that the following scope shall apply to this Constitution:

(a) The Constitution is designed to be used by all nations around the world. Therefore it does not involve any national title, national territory, national flag, or national sovereignty; the first chapter of the current Constitution and laws that are not directly associated with this Constitution shall continue to have effect.

(b) The Constitution takes [Taiwan] as the main body and the world as the community in demonstrating the concept of a world under permanent peace, with laws and constitutional standards for all the world (multi-common law). This concept is used to construct the ultimate system for humanity.

(c) Everyone benefits and no one is harmed under this Constitution - universalization of the law is a basic principle that runs through all the provisions of this Constitution, and part of the general principles found throughout the laws of the Global Village.

(d) The principle of universal constitutions is a main component of the national constitution[xxi]. It requires a commitment to promoting an International Standards Constitution (ISO) and evolving into a new version of absolute law or jus cogens for the entire world.

(e) This Constitution directly binds all powers of the State[xxii] and directly protects all rights of the people[xxiii]. Even if the original Constitution no longer exists, it shall not lose its effectiveness.

(f) All provisions of this Constitution represent the obligations of national organizations and public officials. The supporting clauses, all organizational laws and enforcement laws shall be invoked in accordance with the laws of the world.

(g) The constitutional order established herein[xxiv], as well as the basic rights affecting global permanent peace and development, shall not be infringed upon, and no amendments may be attached[xxv].

(h) This Constitution and its Preface and Articles shall serve as constitutional special laws that directly and effectively govern all aspects of the nation’s constitutional, legislative, administrative, procuratorial, and judicial functions.

 

[1] All the provisions of the Constitution, its preface and norms depend on the total value of the decisions contained in this constitutional will.

[2] Whether it is the constitution, the political power, or sovereignty, its core purpose and meaning are to "protect human rights."

[3] The subject of international law should not be limited to the state, but should be actively transformed into world law or common law of mankind, such as Philip Caryl Jessup's transnational law/transnational law, Briton Jank W. Jenks and others advocated actively diluting the sovereignty of the country and establishing a new international society based on individuals.

[4] The laws corresponding to natural law are volitional laws and positive laws, that is, the laws formed by agreement to achieve a balance in interests. But formulation of volitional laws and positive laws is also inseparable from natural law. The latter two corresponds to "natural rights" and "human rights". See "Bill of Rights" of the UK and the US "Declaration of Independence".

 

[5] Cheng Hsiao-hsu (2 April 1860 – 28 March 1938): The Ching Dynasty ended with the founding of the Republic of China. The ROC was displaced by the Chinese Communist Party. The CCP will be replaced by the co-management.

[6] The rights of the people, since ancient times, have been spelled by the people themselves and have never been the gift of the rulers.

 

[i] There is a correlation between ideas, theories and concepts. The first thing that appears in the human mind is the idea, and an idea that rises to the level of reason is called a "concept." Further, human beings have ideas first, and correct ideas are transformed into concepts. Concepts are then transformed into rational theories through internalization. Please grasp your own future concepts and believe in the "rule of law" that human beings have accumulated in their wisdom over thousands of years. "One bit of wisdom can save a millennium, and one method can make a good fortune." Please no longer believe in the "rule of man" in political power. History has repeatedly shown that "Today's poor slaves are often tomorrow's corrupt tyrants." Please also stop asking the big jurists, university experts, famous people, and celebrities who make up the voices of authoritarian regimes. In fact, why does history allow dictatorship to evolve and become a never-ending vicious circle? One is our past choices, and the other is the result of good people's silence. Please see "Ci Hai", p. 1367.

[ii] “Life values” as referred to in the Constitution means: "Life": from (1) individual life to (2) national life, progressing to (3) life on earth. Stephen Hawking, a famous British physicist, warned humans several times over the years that they need to flee the earth and develop space colonies. Otherwise, humanity will perish. Last year he said that human beings can only survive on the earth for 1,000 more years, but his latest warning estimated that humanity’s lease on life on earth has been reduced to 100 years. Please refer to Hawking: ‘We only have 100 years to escape,’ Liberty Times, May 06, 2017. "Values": include (1) material values: economic values, living values; (2) spiritual values: political values, religious values, recreational values, aesthetic values, scientific values; (3) ethical values: moral values, ecological values, life values. The goal of the state is to enhance individual happiness, increase the quality of life, and enhance the value of life. This goal will never change. Maintaining human dignity and promoting self-realization are the goals of all state organs and the essence0 of their existence.

[iii] The definition of "basic standards of the constitution": constitutional guarantors ensure that the universal values of freedom, democracy, human rights and the rule of law will never lag behind those of other countries; this means ensuring that all legislative, administrative, prosecutorial and judicial powers derive from the people's consent and the principle of global competition. These eight articles deal not only with natural human rights, but also with the basic constitutional standards for permanent peace. They are popularly dubbed the "eight god-given articles."

[iv] Everyone bears responsibility for the rise and fall of the earth, limiting the chaos of the nation. The world will not be destroyed by those who are evil, but by cold-blooded bystanders and those who choose to remain silent (Einstein).

[v] Many international conventions and natural laws provide the best protection for the people, such as The Natural Law; The Natural Rights; The Charter of the United Nations; The International Covenant on Civil and Political Rights, The International Covenant on Economic, Social and Cultural Rights; The San Francisco Treaty (which ended the hostilities of World War Two; The Mutual Defense Treaty between the USA and the ROC; and the Taiwan Relations Act, which replaced the USA-ROC Mutual Defense Treaty.

[vi] American political scientist Gene Sharp noted that the principle of using national constitutionalism to implement democratic constitutionalism is an important method to prevent resurgence of authoritarianism and help protect democratic constitutional roots. Another Taiwanese scholar, Swei Duh-ching, points out that constitutionalism is a political act and belongs to the category of ultra-real law, and is thus not subject to the norms of existing constitutions.

[vii] International "absolute law", also known as internationally-enforced law or jus cogens, refers to laws recognized in the international community that must be absolutely enforced and strictly observed and are not allowed to be arbitrarily abandoned, violated or changed. §53 of the Vienna Convention on the Law of Treaties states: “A treaty is ineffective against the coercive law of the general international law (absolute law) at the time of its conclusion”; §64 further states: “When a new general international law is enforced (absolute law), if any existing treaty is in conflict with the law, it will become invalid and be terminated, which shows the authority of jus cogens in international law. At present, internationally recognized absolute laws include those regarding "People's Self-Determination", "Prohibition of Aggression", "Prohibition of Extinction of Nationalities", "No Discrimination Due to Race", "Violation of Humanitarian Crimes", "Prohibition of Slavery and Piracy" , "Permanent Sovereignty over Natural Resources", "Prohibition of Torture" and "Protection of All Persons from Enforced Disappearance". Please refer to Chiang Huang-chih's "Introduction to International Public Law", 2013, Taipei: New Sharing Publishing. Pages 127-129; these mandatory laws protect the human rights of you and me and all human beings around the world.

[viii] This Constitution has a theoretical basis for the protection of your rights. "Transnational constitutionalism" is advocated by scholars of constitutional and international jurisprudence. "Constitutionalization of international law" and "internationalization of the constitution" have become important connotations of "transnational constitutionalism." The International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights affect many sovereign states, and many international organizations and countries also attach importance to the trend of internalization of international law. See Chang Wen-chao, "The Development of NGOs and Transnational Constitutionalism: Taking the Practice of [Taiwan] Participation in International Human Rights Conventions as an Example], [Taiwan] International Law Quarterly, vol. IX, No. 3, 2012, pp. 47-72.

[ix] Let the values of the country, the people, and the entire human race be combined to set off personal values. Let the people have the right to choose legislative, administrative, procuratorial and judicial leaders who offer the best vision and methods to clean up the mess each year. It is very difficult for Taiwan to pursue a role as a normal country, because the international community is not sensible. Who cares about you and me? Taiwan can very easily become a super country, because the world urgently needs you and me; the eastern world needs Taiwan to rescue freedom and democracy, and the Western world needs Taiwan to save freedom and democracy; the world needs Taiwan to repair its shortcomings and Taiwan needs the world to save it.

[x] Leading the bipolar political entities that will continue to develop the world: First, the "hard power" of Western-style democracy, freedom, peace, and force led by the EU and the US; and second, the Eastern-style democracy led by Taiwan’s model of the Charter for Permanent Peace — the "soft power" of freedom, peace and the rule of law.

[xi] The global wheel of the global village is always moving forward past those who have no feelings, no wisdom, no bravery. In the face of the globalization and the global village, we Taiwanese need a big political strategy, a grand strategy, a plan to conquer the international community, and a constitution that achieves the goal of "great global unity" ("constitutional military law").

[xii] From the phenomenon to the essence, look at the future of a country: the strength of its contribution to the world should determine the status of the country. "Breaking up support for authoritarian dictatorships, achieving global democratization and promoting permanent peace in the world" are now the most important things in this world. Taiwan must start by offering innovative politics that will stimulate economies; secondly, it must progress to being a fully democratic country and effectively promote global democratization, especially where the world’s largest totalitarian autocracies such as China, Russia and North Korea are concerned. Taiwan is only entity capable of doing this. In the face of the world's largest authoritarian dictatorships, we Taiwanese must pick up the cross that the West needs to save democracy and freedom, and the East needs freedom and democracy to save itself. (a famous saying of Professor Yuan Hongbing). The core credo of Taiwan shall be the eternal law expressed in the Charter for Permanent Peace — anyone who promotes the ideals of heaven is an angel, any place where the ideals of heavens are practiced is heavenly, and any nation which works for the benefit of the world will be blessed.

[xiii] As Xi Jinping pointed out in a speech in India on September 19, 2014: "The Chinese nation has always been passionate about peace, cherishes peace and safeguards peace. It is unshakable. The Chinese nation advocates ‘the world of Unity’ and the pursuit of the Indian people. The ‘love’ of the world and the Chinese people’s embrace of ‘love’ is the same as the idea of ‘no harm’ advocated by the Indian people. We all regard ‘harmony’ as the road for the world to follow, and hope that all nations will live in peace and harmony."

[xiv] Big Freedom": (1) is the purpose of the preamble of the UN Charter; (2) The UN Universal Declaration of Human Rights reaffirms: "Everyone has freedom of speech and belief and is free from fear and lack of freedom"; (3) The Declaration of Human Rights of the French Revolution: Freedom is the right to do anything that is harmless to others; (4) in the second half of the 20th century, Isaiah Berlin: people are not subject to the will of others, and are not interfered with by others in their actions: (5) in the concept of law, the principle of presumption of innocence to protect people's freedom; (6) philosophies of freedom: starting from "I", limited by "I", this is the true meaning of freedom! (7) Types of freedom: personal, migration, communication, thought, information, religion, speech, publishing, news, assembly, association, party building, security, peace, environment, development, etc. (8) popular saying: freedom is like air, cut off a little of it, and people will suffocate.

[xv] The state must maintain the standard and quality of Taiwan’s democratic development, then lead the world to democracy. A look at democratic peace theory shows that liberal democratic countries never or rarely wage war with another democracy. Therefore, democracy and peace are positively related. Only democracy can enable us to maintain a life of permanent peace and sustainable development.

[xvi] According to the universal human rights standards signed by various countries, the human rights issue is a global internal security and everyone should be guaranteed equal protection. The basic obligation of the Constitution is to protect human rights against encroachment by the state and never lag behind other countries' standards.

[xvii] According to positivist legal representative Joseph Raz, the basic principles of the rule of law are summarized as follows: (1) All laws should be applicable in future, public and explicit events or cases; (2) the law should be relatively stable ; (3) special laws (especially executive orders) should be guided by open, stable, clear, general rules; (4) should guarantee judicial independence and no dictatorial restrictions; (5) the principle of natural justice must be observed, in particular trials must be open and the fair hearing procedures carried out with no prejudice. Therefore the ability to correctly apply legal guidance and behavior is obviously indispensable; (6) courts should have the right to examine other principles (constitutional review power), including the review of subordinate and parliamentary legislation as well as administrative activities; but the role of such review itself is very limited - only to ensure that it meets the rule of law; (7) courts should be easily accessible; delays, indecision, expenses, etc. can make the most enlightened laws a sham. (8) Institutions that fight crime should not be allowed to use discretion to distort the law. Raz also pointed out that these eight basic principles are very incomplete and are listed only to illustrate formal concepts and effectiveness of the rule of law. These principles are based on the basic idea that the law should provide effective guidance, and they are all directly related to the state's systems and methods related to the rule of law. Source: Pang Zheng, “Diversity and Consistency in Legal Concepts”, Zhejiang Social Sciences, No. 1, 2008, pp. 67-73.

[xviii] Please refer to the book "The Theory of World Law" by Dr. Tanaka Taro of Japan. The book is based on analysis of existing legal systems and views of the world's human societies. According to Dr. Tanaka's theory, applicable levels of so-called "laws" should not be limited to states, but should be interpreted as the most common concept, that is, from a small society to a big society, and thence to nations and the world, looking at the life of common human beings to arrive at a common product. Since the foundation of social life lies in the pursuit of justice, and the state has the task of realizing justice as its own, it should be no different from society to society. In addition, human beings cannot exist in isolation, and countries must be interdependent. Moreover, the realization of human social justice, which cannot be captured by one country alone, also requires the cooperation of all countries; global law (including natural law) can not only integrate the cultures of various countries, it can also reconcile nationalism, internationalism, and nationalities. Doctrine and global humanism enable nations to work together to achieve human social justice.

[xix] The general rules of international law are the framework for each nation’s domestic laws. You and I can obtain rights protection through international law. Please refer to German Basic Law §25: General rules of international law form part of federal law, the validity of which is above domestic law and has a direct bearing on the rights and obligations of residents within the federal territory.

[xx] Reasons for the independence of procuratorial power: (1) Prosecutorial independence is a timely preservative for all administrative, legislative, and judicial purposes of the state; (2) For example, according to Maryland Constitution §5, procuratorial power is independent of administrative power (§2), legislative power (§3) and judicial power (§4); §5.7 stipulates that all state prosecutors be elected by the public; §5.10 stipulates that the state procurator general be elected by the people; (3) the Constitution of the PRC stipulates that the people's court and the people's procuratorate are independent ; §123: "The People's Court is the judicial organ of the state"; §124: "The PRC establishes the Supreme People's Court, local people's courts at various levels and military courts, etc."; §128: "The Supreme People's Court is responsible to the National People’s Congress and the Standing Committee of the National People’s Congress and local people's courts at all levels are the responsibility of the state power organs that produced them." §129: "The People's Procuratorate of the PRC is the state's legal supervisory authority"; §130: "The PRC has established the Supreme People's Procuratorate, local people's procuratorates and military procuratorates and other specialized people's procuratorates." §133: "1. The Supreme People's Procuratorate is responsible to the National People's Congress and the Standing Committee of the National People's Congress. 2. Local people's procuratorates at various levels are responsible to state power organs and the people's procuratorates at higher levels." Please refer to the "Encyclopedia of World Constitutions", editor-in-chief Chien-ming Huang, published by the Law Love Association.

[xxi] Constitutions: they originate with the people and are god-given living laws for the people; the fate of a nation is the gospel of the heavens; the truth of the law appeals to humanity; and all things refer to the justice of heaven. It is with you, to keep you free from fears regarding survival; it is one with God, to establish national justice for all under the heavens; it is with the family, offering constitutional force to help families remain stable; and our ancestors confer their blessings on their descendants through the law.

[xxii] The definition of "power holder" refers to the initiator of the power act and the holder of the dominant force. The opposite concept of "power holder" refers to the recipient of power, i.e., the object of the action of the above-mentioned dominant force. Contemporary recognition of "the holder” in international law includes: (1) every individual, (2) an international organization, (3) a state, and (4) an independent nation; the so-called "object" includes: (1) the state, (2) the public authority, (3) the public official, and (4) the ruling party.

[xxiii] This Constitution directly guarantees all rights of the Taiwanese people and you and me, including: (1) directly guaranteeing everyone's survival in the face of fear and deprivation; (2) directly protecting everyone's freedom of thought and promoting self-realization; (3) directly guaranteeing that everyone will live with the truth and practice sincerity in life; (4) directly guaranteeing that everyone will live and work in peace and contentment generation after generation.

[xxiv] The so-called "founding principle" refers to the basic principle that the state relies on what has been accumulated in the world and cannot be modified or changed. The preamble of this Constitution, including the aspects and appearances of universal values, visions in other countries and the world, as well as the universal basic values of freedom, democracy, human rights, and the rule of law as described in the previous article and the next chapters of the Constitution — Administration and Procuratate — and other basic decentralized organizations, are all posited on the same principles followed in establishing a state.

[xxv] "For all rights and obligations", according to the traditional concept of international law, means that only the injured country has the right to claim compensation directly from a country that violates its rights in violation of international law; but the trend in international law in the near future is that if the offending country engages in aggression or violations of basic human rights such as the implementation of slavery and racial discrimination, such acts shall be seen as infringing upon the interests of the entire international community, rather than one single country. In such cases, every country in the world, not a single country that is directly victimized, may file a lawsuit against the offending country for compensation. For example, the International Court of Justice stated in The East Timor Case that the people's right to self-determination has the trait of "rights and obligations to all", therefore all countries' obligations under this convention are not restricted by national boundaries. Please refer to Qiu Hongda, Modern International Law, p. 70.