korea 4- 05.09.17, Korea, crisis, right, conference, Speaker of the Senate

Paris, Tuesday, September 5, 2017




Mr. Speaker of the Senate

Could you examine the possibility of bringing together the protagonists of the Korean crisis in order to establish the rule of law over voluntarism?

The Senate has the necessary powers, means, prestige. It can work with its alter egos in the world. It is respected by both China and the United States and Russia.

The observation is made that nobody will do this for you.

In thanking you for your attention and looking forward to reading,

Accept, Sir, the assurance of my best regards,


Marc SALOMONE

Paris on Tuesday 5 September 2017

Copy :

President of the French Republic / Europe

Embassies of China, Korea, South, North Korea, United States, Japan, Russia.

The Presidents of Parliament

Messrs. the Chairmen of the French Parliamentary Groups

Google translation at the end of the text

THE KOREAN CRISIS AND THE LAW

a- The debates on the North Korean nuclear tests are entirely based on the voluntarism, the subjectivity of each other, and not on the principles of law.

b- In view of the bankruptcy of voluntarism, it is now possible to consider the use of the law.

1) - Two de facto countries

The multiplicity of verbal upturns to hysteria is itself a consequence of the actual status of these two countries of the Korean Peninsula.

They are the products of the fixing, on 27 July 1953, of the armistice line at the 38th parallel which divided Korea into two camps. They are States of fact and not of law. These two pseudo-states are always pure relations of power. Everyone thinks therefore authorized to use.

This separation has conferred on these two State entities:

a- An administrative function which is to guarantee the hegemony of the military ideology which organized them.

b- A political line which is the quest for reunification.

c. An international role to ensure that the United States is not in contact with the Chinese and Russian borders, through reunification by South Korea, and that China and Russia do not annex South Korea, via reunification by North Korea.

2) - The crisis

Until the nuclear surprise of September 2017, the balance solved by the verb and the tacit agreements held up as best we could.

If today the different parties are distraught, it is because they have no legal reference to examine the different founder whose antagonism seems no longer able to be avoided.

It is symptomatic that no one is referring to the law.

The statesmen call for moral restraint and ask both sides to become cautious and even peaceful.

On Monday, September 4, Switzerland presents its good offices. This offer of service is entirely based on the "influence" of the great powers and the "discretion" of the "behind-the-scenes roles".

In other words, Switzerland, like the other powers, does not recognize law as the guiding principle of discussions between the parties.

3) - The legal solution

Contrary to this voluntarist and subjective vision which organizes the cycle of crises and reconciliations; I propose that a legal framework be provided for the existence of these two countries and therefore for the examination of their possible differences.

1- The quest for reunification

As long as we consider these two state entities as the product of the separation of an originally unified whole, we mechanically reconduct the policy which founds these two parts and which is the quest for Reunification.

The atomic weapon of the North Koreans only makes it impossible for a reunification which is, on principle, an unrealizable chimera.

There is no doubt that the Russian Federation and the People's Republic of China will never allow the United States to settle directly or indirectly at their borders.

2- The renunciation

The solution to the recurring tensions between the two Koreas is that these two parts cease to be parts of a set to become two legally foreign countries to one another.

There can be no slowdown or cessation of the arms race on either side unless the line of demarcation of the 38th parallel ceases to be a separation in a unit and becomes an administrative boundary between two distinct countries cultural and family ties.

In this case there is no longer any legal reason for a transgression of the frontier since it is that of a foreign country and no longer that of the captive part of an original unity.

b- South Korea becomes a border country of North Korea in the same way as China and Russia.

4) - The action

1- The object

A- A conference must be convened so that the ad hoc parties sign:

(a) Between the two countries known as North Korea and South Korea, a Treaty of definitive renunciation of Reunification; or even a change of name.

b. Between the adjacent powers, a treaty of renouncing, directly or indirectly, the country opposite.

B- It becomes then possible for the Secretary-General of the United Nations to inform directly the peoples of the two countries that the camp opposite can no longer claim to occupy their camp since there is no more camp.

C- Government debates change in nature and procedures.

2- Location

Any country may propose to convene the Conference on the sole condition of understanding the question posed.

b- I proposed Paris. The Senate, at the Palais du Luxembourg, would be able to bear such an honor and such an office.

Marc SALOMONE