This publication is intended to initiate a speedy resolve to the outstanding matters in "Canada" of no prevailing enforceable "Treaties" with Coast Salish Peoples of Turtle Island
North [North America above the 49th parallel]. And, these questions shall be pursued through the language and forms of international law [sources] [UN Commission : research guide]It is the contention of the impending Class Action 1 to the UN International Court Of Justice that Elizabeth II-Queen and her Agent Canada have derived unjust enrichment from the exploitation of natural resources of the prevailing rightful indigenous allodial [traditional and customary - 2] title holders of territories and resources currently being managed through British Columbia by its Crown Corporate Bodies BC Hydro and Power Authority : BCHPA [wiki] [3] - and, BC Transmission Corporation [BCTC]. This claim against Elizabeth II and her assets may also be submitted to the Council of Europe and British Courts for remedies.
This Class Action is about the quest for a resolution of claim that reaches back more than 400 years; brought forward by Peoples of one of the oldest surving nations in the world; against the Monarch of a realm that has reached out around the world in search or riches since before Columbus.
The lawsuit to collect upon the accumulated and distributed wealth of Elizabeth II of England and Canada is initiated at a time when no prevailing Treaty exists between the Original Peoples of Turtle Island North; and, at a point in history when all nations and peoples are searching for a formula of lasting international peace and civility.
The Coast Salish Peoples are neither naive nor simplistic in motioning this claim against the Crown and its claim upon non-relinquished lands; which Elizabeth II and her consorts have occupied through squatting and actions that today appear to be inhumane [Residential and Day School Victims; Royal Commissions on Aboriginal Peoples; commander's logs from exploration ships; and, the creation of "reserves" as refugee camps for indigenous peoples].
It shall be the submission of the Mwe application to the ICJ that Elizabeth II-Agent Canada shall forthwith pay forward as penalty to Coast Salish Peoples in UN Trust for UN Tribunal Administration and equitable distribution of goods and services in the amount of gross revenues generated by BC Hydro and its associated electric power generation and distribution network of enterprises, including, but not limited to its original incorporation as an electric power utility.
The following is a Wikipedia reference on the imperatives of contracts and treaties: "Pacta sunt servanda (Latin for "agreements must be kept"[1]), is a brocard, a basic principle of civil law and of international law.
In its most common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that non-fulfilment of respective obligations is a breach of the pact. The general principle of correct behaviour in commercial praxis — and implies the bona fide — is a requirement for the efficacy of the whole system, so the eventual disorder is sometimes punished by the law of some systems even without any direct penalty incurred by any of the parties.
With reference to international agreements, "every treaty in force is binding upon the parties to it and must be performed by them in good faith."[2] Pacta sunt servanda is based on good faith. This entitles states to require that obligations be respected and to rely upon the obligations being respected. This good faith basis of treaties implies that a party to the treaty cannot invoke provisions of its municipal (domestic) law as justification for a failure to perform.
The only limit to pacta sunt servanda are the peremptory norms of general international law, called jus cogens (compelling law). The legal principle clausula rebus sic stantibus, part of customary international law, also allows for treaty obligations to be unfulfilled due to a compelling change in circumstances.
[edit] See also
Breach of contract
Fundamental breach
Breach of the peace "
