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Perpetual Peace: A Philosophical Sketch 

Conditions for Perpetual Peace Among, States 

1. "No Treaty of Peace Shall Be Held Valid in Which There Is Tacitly Reserved Matter for a Future War". Otherwise a treaty would be only a truce, a suspension of hostilities but not peace, which means the end of all hostilities--so much so that even to attach the word "perpetual" to it is a dubious pleonasm. The causes for making future wars (which are perhaps unknown to the contracting parties) are without exception annihilated by the treaty of peace, even if they should be dug out of dusty documents by acute sleuthing.

2. "No Independent States, Large or Small, Shall Come under the Dominion of Another State by Inheritance, Exchange, Purchase, or Donation". A state is not, like the ground which it occupies, a piece of property. It is a society of men whom no one else has any right to command or to dispose except the state itself. It is a trunk with its own roots. But to incorporate it into another state, like a graft, is to destroy its existence as a moral person, reducing it to a thing; such incorporation thus contradicts the idea of the original contract without which no right over a people can be conceived.

3. "Standing Armies Shall in Time Be Totally Abolished". For they incessantly menace other states by their readiness to appear at all times prepared for war; they incite them to compete with each other in the number of armed men, and there is no limit to this. For this reason, the cost of peace finally becomes more oppressive than that of a short war, and consequently a standing army is itself a cause of offensive war waged in order to relieve the state of this burden.

4. "National Debts Shall Not Be Contracted with a View to the External Friction of States". This expedient of seeking aid within or without the state is above suspicion when the purpose is domestic economy (e.g., the improvement of roads, new settlements, establishment of stores against unfruitful years, etc.). But as an opposing machine in the antagonism of powers, a credit system which grows beyond sight and which is yet a safe debt for the present requirements-- because all the creditors do not require payment at one time--constitutes a dangerous money power.

5. "No State Shall by Force Interfere with the Constitution or Government of Another State". For what is there to authorize it to do so? The offense, perhaps, which a state gives to the subjects of another state? Rather the example of the evil into which a state has fallen because of its lawlessness should serve as a warning. Moreover, the bad example which one free person affords another as a scandalum acceptum is not an infringement of his rights. But it would be quite different if a state, by internal rebellion, should fall into two parts, each of which pretended to be a separate state making claim to the whole. To lend assistance to one of these cannot be considered an interference in the constitution of the other state (for it is then in a state  has not come to this critical point, such interference by foreign powers would infringe on the rights of an independent people struggling with its internal disease; hence it would itself be an offense and would render the autonomy of all states insecure.

6. "No State Shall, during War, Permit Such Acts of Hostility Which Would Make Mutual Confidence in the Subsequent Peace Impossible: Such Are the Employment of Assassins, Poisoners, Breach of Capitulation, and Incitement to Treason in the Opposing State".

The Definitive Articles for Perpetual Peace Among States 
The state of peace among men living side by side is not the natural state: the natural state is one of war. This does not always mean open hostilities, but at least an unceasing threat of war. A state of peace, therefore, must be established, for in order to be secured against hostility it is not sufficient that hostilities simply be not committed; and, unless this security is pledged to each by his neighbour, each may treat his neighbour, from whom he demands this security, as an enemy.

First Definitive A rticle for Perpetual Peace- 
"The Civil Constitution of Every State Should Be Republican." The only constitution which derives from the idea of the original compact, and on which all juridical legislation of a people must be based, is the republican. This constitution is established, firstly, by principles of the freedom of the members of a society (as men);secondly, by principles of dependence of all upon a single common legislation (as subjects); and, thirdly, by the law of their equality (as citizens). The republican constitution, therefore, is, with respect to law, the one which is the original basis of every form of civil constitution. 

The republican constitution, besides the purity of its origin, also gives a favourable prospect for the desired consequence, i.e., perpetual peace. The reason is this: if the consent of the citizens is required in order to decide that war should be declared (and in this constitution it cannot but be the case), nothing is more natural than that they would be very cautious in commencing such a poor game, decreeing for themselves all the calamities of war. Among the latter would be: having to fight, having to pay the costs of war from their own resources, having painfully to repair the devastation war leaves behind, and, to fill up the measure of evils, load themselves with a heavy national debt that would embitter peace itself and that can never be liquidated on account of constant wars in the future. But, on the other hand, in a constitution which is not republican, and under which the subjects are not citizens, a declaration of war is the easiest thing in the world to decide upon, because war does not require of the ruler, who is the proprietor and not a member of the state, the least sacrifice of the pleasures of his table, the chase, his country houses, his court functions, and the like. He may, therefore, resolve on war as on a pleasure party for the most trivial reasons, and with perfect indifference leave the justification which decency requires to the diplomatic corps who are ever ready to provide it.

Second Definitive Article for a Perpetual Peace
"The Law of Nations Shall be Founded on a Federation of Free States"

Peoples, as states, like individuals, may be judged to injure one another merely by their coexistence in the state of nature (i.e., while independent of external laws). Each of them, may and should for the sake of its own security demand that the others enter with it into a constitution similar to the civil constitution, for under such a constitution each can be secure in his right. This would be a league of nations, but it would not have to be a state consisting of nations. That would be contradictory, since a state implies the relation of a superior (legislating) to an inferior (obeying), i.e., the people, and many nations in one state would then constitute only one nation. This contradicts the presupposition, for here we have to weigh the rights of nations against each other so far as they are distinct states and not amalgamated into one.

Third Definitive Article for a Perpetual Peace 
"The Law of World Citizenship Shall Be Limited to Conditions of Universal Hospitality".
Here, as in the preceding articles, it is not a question of philanthropy but of right. Hospitality means the right of a stranger not to be treated as an enemy when he arrives  in the land of another. One may refuse to receive him when this can be done without causing his destruction; but, so long as he peacefully occupies his place, one may not treat him with hostility. It is not the right to be a permanent visitor that one may demand. A special beneficent agreement would be needed in order to give an outsider a right to become a fellow inhabitant for a certain length of time. It is only a right of temporary sojourn, a right to associate, which all men have. They have it by virtue of their common possession of the surface of the earth, where, as a globe, they cannot infinitely disperse and hence must finally tolerate the presence of each other. Originally, no one had more right than another to a particular part of the earth. Since the narrower or wider community of the peoples of the earth has developed so far that a violation of rights in one place is felt throughout the world, the idea of a law of world citizenship is no high-flown or exaggerated notion. It is a supplement to the unwritten code of the civil and international law, indispensable for the maintenance of the public human rights and hence also of perpetual peace. One cannot flatter oneself into believing one can approach this peace except under the condition outlined here.

2. CASE STUDIES for Practice

Case Study 1: Monika is a District Collector (DC) of a coastal region in Southern India. An NGO has approached her regarding a complaint of illegal construction near a famous lake lying under her area of jurisdiction. When she enquired into the case, she found that high-rise apartments have been constructed eight years back, but they are in violation of coastal regulation zone (CRZ) norms. The owners had bought the highly expensive apartments after obtaining all permissions and licenses from the administration at that time. Thus, it may appear wrong to punish them for the possible mistakes committed by builders and others, but not taking action may also set a wrong precedent. Any action or inaction on part of district administration can have serious repercussions on the ecosystem, especially in wake of the back-to-back floods that have ravaged the whole state over the last two years, triggering landslides leading to massive loss of life and property. Evaluate different options available with Monika and explain what shall be her action plan? The case highlights corruption in administration in general and real estate in particular. It also highlights our apathy towards environmental concern.

Following are important issues involved in the case –
a) Role of NGO in development sector.
b) Lack of active administration in environmental governance.
c) Financial and emotional loss to buyers in real estate sector.
d) Loss to life and property due to aggravated disaster caused by violation of environmental norms.
e) Courage and fortitude of Monica. Monika faces an ethical dilemma. If she choose to act on illegal construction of high rise apartment there will be considerable loss to the genuine buyers.

Options available with Monika

i) Don’t act on the illegal construction and activate the administration to not let an illegal construction happen again.
This will not put financial and emotional burden on buyers. It will also acknowledge administration failure to act on time.
However there will be no deterrence in place and more such illegal construction will be encouraged.
ii) Demolish the structure and restore the greenery around the lake. This will ensure environmental justice. A strong deterrence will be in place. However loss suffered by the people may make administration unpopular leading to loss of social capital.

iii) Take action against the illegal construction but buyers must be paid the deposits back through fine imposed on the builders. Officers who granted the license and permission must also be tries under Prevention of corruption act.
This will ensure environmental and social justice. The violators of rule will also be punished.
Monica must choose the third option because –

a) Sustainable development is one of the biggest challenges of present time.
b) Strict environmental norms are required to mitigate the impact of disasters.
c) Culprits must be punished for complete justice. Citizens must be protected from greed and deceptive sell by real estate builders.

Case Study 2: Divorce rates have spiked recently in India. Though, they are still low in comparison to many other countries, yet they have become a matter of concern for Indian society. Divorce petitions have gone up manifold and most are being sought over spur-of-the moment emotion outburst, and in some cases over trivial, issues. Reasons for divorce have also changed from the past. Such negative developments are deteriorating the basic fiber of the social institution of marriage.

Analyze this problem in detail from different perspectives and indicate various social, psychological and economic factors responsible for this problem? Also, distinctly bring out –

a) Why divorce rates are high, especially in urban areas, when compared to rural areas.

b) Why divorce rate is high even in the cases of love marriages.

c) What steps can be taken to stop couples from taking such strong decisions.Under the given conditions, what are the options available to you as a project manager?
Marriage in India has the sanctity attached to it - an element of divinity in it. However, now the institution of marriage is undergoing change:

• Individualistic, materialistic and self-oriented goals over family well-being.
• Tolerance threshold seems to have moved down while the egos of individuals have risen remarkably.
• The societal stigma attached to divorce is also diminishing.
• Priority of job over relationship
• Psychological tiredness - Couples are now getting mentally fed up of their spouse.

(a) Some of the major reasons for increasing rate of divorce in urban areas, as compared to rural areas are:

• Fast paced lifestyle of couple leading to less development of understanding and hence incompatibility issues.
• Economic independence of urban women allows them to move out of abusive marriages.
• The traditional counseling support to couples is missing in nuclear families.
• Work stress leads to frequent fights at home.
• Changing gender roles in cities leads to frequent fights.

(b) The divorce rate is high even in case of love marriage, because of the following reasons:

• Expectations Vs reality: When couples are in love, lots of positive attitude develops towards marriage. But, after marriage they realize the hard truth of relationship. Arranged marriages have much lower expectation, so they tend to survive.
• Arranged marriages have a firm root in society and culture. Couples get family support. But in love marriage this is missing.
• Unrest and inner dissonance are high as many a times such marriages are done against the wishes of family.

(c) Some of the steps which can be taken to prevent couples from taking such strong decisions are:

• Understanding balance between work life, social life and personal life.
• Formal and informal counseling professional expert counselors and family members of the couple.
• Bridging communication gap.
• Transparency and trust development.
• Spending quality time together.
• Sorting out differences, by making slight adjustments in thinking and lifestyle.

However, despite the new strains on the marriage and the increasing number of divorces, the faith in marriage as an institution remains unshaken in our society

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