Draft

 

Agreement

to establish the International Corporation (Hub)

for the Management of Sustainable Development Projects

 

The European Union, [International Monetary Fund], [African Union], [Organization for Democracy and Economic Development – GUAM], [The Shanghai Cooperation Organization – SCO], [Association of South East Asian Nations - ÀSEÀN], [Union of South American Nations - UNASUR], International scientific consortium Information and Marketing Centre,

The States of [________ ], [________ ], [________ ] Parties to the present Agreement (hereinafter referred to as “the Parties”),

 

Reaffirming the need to transition to sustainable development that defined by the Monterrey Consensus of the UN International Conference on Financing for Development (Monterrey, Mexico, 18-22 March 2002), the Johannesburg Plan of Implementation of the World Summit on Sustainable Development (Johannesburg, South Africa, August 26 - September 4, 2002), the Doha Declaration on Financing for Development (Doha, Qatar, 29 November - 2 December 2008), the decisions of the UN Conference on Sustainable Development "Rio+20: The future we want" (Rio de Janeiro, Brazil, 20-22 June 2012), the Addis Ababa Action Agenda of the Third International Conference on Financing for Development (Addis Ababa, Ethiopia, 13-16 July 2015), the UN General Assembly Summit on 25-27 September 2015 "Transforming our world: the 2030 Agenda for Sustainable Development" and UN Sustainable Development Goals,

 

Realizing that sustainable development is a guideline for the further development of democracy, which allows for today to achieve smoothing of the peak values of the economic super-cycles (K-waves) (ensure a peaceful “global economic reset” and a withdrawal from the cycles of world wars),

 

Recognizing the reality that global society has the means and is endowed with the resources to address the challenges of security and sustainable development confronting all humanity,

 

Realizing that the existing economic model based on a two-dimensional ontology of legal and financial relations is complemented by a new dimension of the Digital Economy, and this new three-dimensional economic ontology provides construction of a new reality with an unprecedented structural mobility of social processes, the establishment of new institutions, the further development of democracy and society based on democratic individualism,

 

Noting that moving the "place" in the conventional three-dimensional model of reality "place-time-event" to the Internet means new opportunities for the development of private property, market relations and the deploying of new management systems that ensure greater security and sustainability,

 

Recognizing the importance of reproducing and protecting the viability of natural, social and digital ecosystems, including the protection of their identity and their "personalized" data (digital personal data in computer systems, biodiversity of ecological systems, forests, oceans and seas, as well as the restoration of geo-natural landscapes after industrial use),

 

Realizing that to combat climate change and its impacts requires new environmental standards that cover inclusive relationships "man - nature - society" and focused on building resilient infrastructure, promoting inclusive and sustainable industrialization and fostering innovation,

 

Recognizing that the main element of the expansion of democracy is digital private property, which expands the social framework "man - property - law" and acts as the main anthropogenic driver of development in global economic and financial systems,

 

Taking into account the fact that Artificial Intelligence, ensuring process automation and generating numerous destructive innovations, should be balanced by socio-humanitarian and economic digital consciousness, which only man has and which is based today on new digital reflexes and cybernetic (viable) model of management, and which provides employment of new quality and produces creative social innovation aimed at sustainable development,

 

Realizing that the achievement of Sustainable Development Goals is ensured through the implementation of comprehensive global and regional projects that are harmonized to the processes of sustainable development and, by combining economic, social and environmental strategies, lead to increased employment, budget revenues, entrepreneurship development, growth of corporate, banking and financial sectors, as well as to a significant improvement of the ecological environment,

 

            Noting that in conditions of moving consumer demand to the Internet, profit generation is possible only through the deploying the digital business entities and digital institutions,

 

Considering that the implementation of the sustainable development and deployment of the Digital Economy requires the coordination of efforts of scientific and academic organizations to carry out research and development (R & D): a new economic ontology "legal system - financial system - anthropogenic digital system"; inclusive horizontal systems "institutions - management - projects", "individual - market - state", "man - nature - society"; the Internet digital reality "Internet - time - event - self-organization"; as well as communications based on democratic individualism,

 

Noting that the transition to a three-dimensional ontology of sustainable development ("legal system - financial system - anthropogenic digital system") requires the deployment of new learning platforms for training new values, new management and new projects,

 

Realizing that to achieve Sustainable Development Goals, we need more effective, democratic and accountable international and multilateral institutions to improve international coordination for sustainable development and mobilizing national and international resources,

 

Noting that international organizations under international treaties can be given the authority of the government bodies to coordinate the elimination of effects of climatic disasters or conflicts that could lead to military action,

 

Being aware of the integrity of the above context, which determines the urgent and indisputable need to establish the International Corporation (Hub) for the Management of Sustainable Development Projects,

 

            Have agreed as follows:

 

Article I

 

A.   International Corporation (Hub) for the Management of Sustainable Development Projects (hereinafter referred to as the Hub") is hereby established as a corporate association of International organizations and States – participants of this Agreement. Each Party shall facilitate, in its territory, the activities of the Hub. In order to achieve its objectives, the Hub shall have, in accordance with the laws and regulations of the Party, which houses the headquarters of the Hub, and the countries where the Hub creates its branches and carries out its activities, the legal capacity to contract, to acquire and dispose of immovable and movable property.

B.   The Parties may participate in the activities of the Hub as a whole, as well as in separate Hub projects. The countries that have joined the Hub projects are involved in the rights of the Parties only for such projects.

C.  To carry out its activities, the Hub shall rely on support of governments, foundations, academic and scientific institutions, as well as intergovernmental and non-governmental organizations and private investors.

 

 

Article II

          À. The objectives of the Hub in accordance with the Addis Ababa Action Agenda of the Third International Conference on Financing for Development (Addis Ababa, Ethiopia, 13-16 July 2015) and the UN General Assembly Summit on 25-27 September 2015 "Transforming our world: the 2030 Agenda for Sustainable Development" shall be:

establishing effective institutional mechanism for evolutionary processes of sustainable development by introducing new economic dynamics and diversification of economic and human potential in a holistic combination with natural capital;

achieving Sustainable Development Goals through the implementation of mechanisms that outlined in the 2030 Agenda for Sustainable Development on UN General Assembly Summit on 25-27 September 2015.

The Hub shall pay particular attention to:

-     deploy and develop the future-line platform (digital info-structural platform for social and economic processes that provides legal relations for digital events);

-     promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels;

-     take urgent action to combat climate change and its impacts;

-     ensure sustainable consumption and production patterns;

-     build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation;

-     promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all based on security policy, self-organizational mechanisms for investment projects and improving the systems of organization of labor.

 

The objectives of the Hub, considering the use of the future-line platform, shall be also:

-        creating and maintaining institutional frameworks and new institutions for sustainable development;

-        increasing international financial and technical cooperation for sustainable development;

-        resolving systemic issues: improving the coherence and consistency of functioning the international financial and trade systems for sustainable development;

-        ensuring conditions for mobilizing national financial resources for Sustainable Development Goals;

-        mobilizing international resources for development, particularly foreign direct investment, public and private resources;

-        promoting e-commerce as a driving force for sustainable development;

-        development and dissemination of innovative solutions and technologies and associated know-how, including technology transfer on mutually agreed terms to promote economic growth and sustainable development.

 

Â. To achieve these objectives, the Hub shall:

a)      develop and implement sustainable development projects directed, primarily, at resolving systemic issues: support and development of new economic activities that create jobs of a new quality, realization of geo-ecological projects and geo-physical projects combating climate change as well as the expansion and intensification of the financial and trade relations for sustainable development;

b)      ensure attraction of investments and mobilization of international resources for the implementation of sustainable development projects and provide organizational, legal, scientific and technological support for these projects;

c)       for realization of sustainable development projects deploy the digital future-line platform for economic interaction, create and support digital institutes, act as the operator of this e-ecosystem; provide technological, methodological and legal support of the information resources and services deployed in this e-ecosystem, providing them with information security, technical evolution and legal arbitration;

d)      deploy and implement digital services for Praxeological management, digital interaction and e-commerce for sustainable development at the regional, national and local level;

e)      ensure international cooperation for sustainable development;

f)        provide the exchange of information, experience and know-how between experts of the State Parties;

g)      develop and promote the adoption of acts of international law on sustainable development;

h)      develop and implement other activities aimed at achieving the objectives of the Hub.

 

 

Article III

 

In order to achieve its objectives, the Hub shall be authorized to:

         (i)     Monitor and audit Hub projects in accordance with this Agreement;

        (ii)     Disseminate information, as appropriate, to promote its projects, encourage proposals, and broaden international participation;

       (iii)     Establish appropriate forms of cooperation with governments, inter-governmental organizations, non-governmental organizations, and programs;

       (iv)     Attract investments, including private capital, and use own funds received from economic activities for realization of projects of the Hub;

        (v)     Receive funds or donations from governments, inter-governmental organizations, and non-governmental organizations;

       (vi)     Establish branch offices as appropriate; and

      (vii)     Engage in other activities as may be agreed upon by the Governing Board.

 

Article IV

 

A. The Hub shall have a Public Forum, a Governing Board, a Council of Corporate Investors, a Council of Expert Designers, an International School of Digital Economics and Sustainable Development and a Secretariat, consisting of a Director, project directorates and such other staff as may be necessary, in accordance with the Statute of the Hub.

B. The Public Forum shall promote the development of models for sustainable development and management of Hub based on the principles of democracy, sovereignty and the right to development.

C. The Governing Board shall be responsible for:

i)       Determining the Hub's policy and its own rules of procedure;

ii)      Adoption of new members of the Hub;

iii)     Formulating general criteria and priorities for the approval of projects;

iv)    Approving projects in accordance with Article VI of this Agreement;

v)     Adopting the Statute and other implementing arrangements as necessary; and

vi)    Other functions assigned to it by this Agreement or necessary for the implementation of this Agreement.

Decisions of the Governing Board shall be taken by simple majority of Parties on the Board.

D. Each of the signatory Parties of this Agreement shall be represented by a single vote on the Governing Board. Each shall appoint one representative to the Governing Board within seven (7) days after entry into force of this Agreement.

 

E. The Governing Board shall adopt a Statute of the Hub, which defines:

i)               The structure and functions of the Public Forum, the Governing Board, the Council of Corporate Investors, the Council of Expert Designers and the Secretariat;

ii)             Conditions for countries that join the Hub projects and participate in Hub projects, conditions of exit of projects and countries from under the jurisdiction of the Hub;

iii)            Procedures governing the participation of governments, inter-governmental organization, and non-governmental organizations in Hub projects including creation (generation), utilization and restoration of information resources and financial transactions;

iv)            The process for selecting, developing, approving, financing, carrying out, monitoring and ways to manage Hub projects;

v)              The process of obtaining scientific and other necessary technical professional advice with regard to proposed projects directly from international experts;

vi)            The distribution of the profits received by the Parties, as well as for the income of the countries participating in the Hub projects on the rights of the Parties;

vii)           The distribution of the income of the Parties, corporate and private investors;

viii)         The procedures for Hub Digital and Economic entities:

a)     The creation of digital institutions for economic and social-public activities (forms of digital companies, digital self-organizing hubs, institutes for Hub projects, digital public administration institutions of the Parties and the Parties that have joined the Hub projects), including the procedure for their registration in the legislative field of the Parties;

b)     The participation of the residents of the Parties in the digital companies of the non-resident countries and in the Hub projects;

c)     The stamp duties and fiscal systems for digital companies of different forms of ownership and jurisdictions;

d)     Protecting the viability of Hub's digital ecosystems, including the protection of personal data;

e)     The procedures of withdrawal from Hub projects;

ix)            Procedures for the preparation of the Hub's budget, drawing up of accounts, and auditing thereof;

x)              Appropriate guidelines on intellectual property rights resulting from Hub projects and on the dissemination of project results;

xi)            Provision for allocating the Hub's property upon termination of this Agreement or withdrawal of a Party;

xii)           Personnel policies; and

xiii)         Other arrangements necessary for the Hub activity and implementation of this Agreement.

 

Article V

 

Parties not represented on the Governing Board and inter-governmental, governmental and non-governmental organizations may be invited to participate in Board deliberations, in a non-voting capacity.

 

Article VI

 

Each project submitted for approval by the Governing Board shall be accompanied by the written concurrence of the government(s) of the state(s) in which the work is to be carried out. In addition to the prior concurrence of that state(s), the approval of projects shall require the approval of the Council of Expert Designers.

 

Article VII

 

A. Projects approved by the Governing Board may be financed or supported by the Hub, or by the governments, inter-governmental organizations, or non-governmental organizations, or private capital directly or through the Hub. Such financing and support of approved projects shall be provided on terms and conditions specified by those providing it, which shall be consistent with this Agreement.

B. Representatives of the Parties on the Governing Board and personnel of the Hub Secretariat shall be ineligible for project grants and may not directly benefit from any project grant.

C. The Hub’s projects, its property and assets wherever located shall enjoy immunity from every form of legal process except in so far as in any particular case it has expressly waived its immunity. It is, however, understood that no waiver of immunity shall extend to any measure of execution.

D. The premises of the Hub property and assets, including property and assets arising during the implementation of projects of the Hub, where and in whose possession they are, shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial, legislative or other actions.

E. The method of participation of Parties and countries involved in individual projects, determined by the Statute of the Hub.

 

Article VIII

 

A. The Hub shall have the right, within the States that accede to this Agreement:

i)        To examine on-site Hub project activities, materials, supplies, use of funds upon its notification or, in addition, as specified in a project agreement; and to control relating to the project organizations.

ii)       To inspect or audit, upon its request, any information, including records or documents, in connection with Hub project activities and use of funds, wherever such records or documentation are located, during the period in which the Hub provides the financing, and for a period thereafter as determined in the project agreement.

To provide the Hub with the access necessary for auditing and monitoring of the projects, as required by this paragraph, requires a written concurrence as required in Article VI.

B. Any Party represented on the Governing Board shall also have the rights described in paragraph (A) i), coordinated through the Hub, with regard to projects it finances in whole or in part, either directly or through the Hub.

C. If it is determined that the terms and conditions of a project have not been respected, Secretariat of the Hub, or the International organizations, or the Council of Corporate Investors or a financial government or organization may, having informed the Governing Board of its reasons, terminate the project and take appropriate steps in accordance with the terms of the project agreement. 

    

Article IX

 

A. The Host Country and the seat of the Hub shall be determined at the first meeting of the Governing Board, which shall be held after the signing of this Agreement by the Parties.

B. By way of providing material support to the Hub, the Government of the Host Country shall provide at its own expense a facility suitable for use by the Hub, along with maintenance, utilities, and security for the facility.

C. As defined in paragraph B, as well as the purchase of equipment, licenses, payment of personnel and other costs at the initial stage, partially or completely shall take over the Council of Corporate Investors, which shall be created at the first meeting of the Governing Board.

D. In the Host Country, the Hub shall have the status of a legal person and, in that capacity, shall be entitled to contract, acquire and dispose of immovable and movable property, and to institute and respond to legal proceedings.

                            

Article X

 

The Governments of the Parties to this Agreement shall ensure that:

 

i)  (a) Funds and property of the Hub or any branch thereof, including any interest arising from funds held in banks in the States Parties to this Agreement, are exempt from taxation or other charges imposed by the Governments of the Parties to this Agreement and any subdivision thereof;

 

(b) Commodities, supplies, and other property provided or utilized in connection with the Hub and its projects and activities may be imported into, exported from, or used in countries the Parties to this Agreement free from any tariffs, dues, customs duties, import taxes, and other similar taxes or charges imposed by these countries. In order to receive exemptions under this paragraph, commodities, supplies, and other property must either be specified in a project agreement or be certified by the Director as items to be used by the Hub or in a Hub project. The procedures for such certifications shall be described in the Statute;

 

(c) Funds received by natural and legal persons, including scientific organizations or scientists and specialists, in connection with the Hub's projects and activities, shall not be subject to taxation or other charges by the Governments of the Parties to this Agreement or any subdivision thereof;

 

 ii) (a) The Hub, governments, inter-governmental organizations, non-governmental organizations and private investors shall have the right to move funds related to the Hub and its projects or activities into or out of the States Parties to this Agreement without restriction;

(b) To finance the Hub and its projects and activities, the Hub shall be entitled, for itself and on behalf of the entities referred to in subparagraph (ii) (a), to sell foreign currency in the States Parties to this Agreement and to make payments.

 

Article XI

 

A. The Parties shall closely cooperate in order to facilitate the settlement of legal proceedings and claims under this Article.

B. Unless otherwise agreed, the International organizations and the Governments of Parties shall, in respect of legal proceeding and claims by nationals or organizations of the States Parties, other than contractual claims, arising out of the acts or missions of the Hub or its personnel done in the performance of the Hub's activities:

i) Not bring any legal proceedings against the Hub and its personnel;

ii) Assume responsibility for dealing with legal proceedings and claims brought by the aforementioned against the Hub and its personnel; and

iii) Hold the Hub and its personnel harmless in respect of legal proceedings and claims referred to in subparagraph (ii) above.

C. The provisions of this Article shall not prevent compensation or indemnity available under applicable international agreements or national law of any state.

D. Nothing in paragraph (B) shall be construed to prevent legal proceedings or claims against nationals of the States Parties.

 

Article XII

 

A.      Representatives of the Parties on the Governing Board shall enjoy such privileges and immunities as are provided for by Article IV of the Convention on Privileges and Immunities of the United Nations.

B.      Officials of the Hub shall enjoy such privileges and immunities as are provided for by Article V of the Convention on Privileges and Immunities of the United Nations.

C.      Experts of the Hub shall enjoy the same privileges and immunities as are provided for officials of the Hub in paragraph B hereinbefore.

D.      All persons undergoing training or taking part in a scheme for the exchange of personnel at the headquarters of the Hub or organized elsewhere within the territory of the States Parties in pursuance of the provisions of this Agreement shall have the right of entry into sojourn, or exit as is necessary for the purpose of their training or the exchange of personnel. They shall be granted facilities for speedy travel and visas where required shall also be granted promptly and free of charge.

E.      The Hub shall co-operate at all times with the appropriate authorities of the Host State and other States Parties to facilitate the proper administration of justice, secure the observance of national laws and prevent the occurrence of any abuse in connection with privileges, immunities and facilities mentioned in this Article.

 

Article XIII

 

Any international organization or state desiring to become Party to this Agreement shall notify the Governing Board through the Director. The Governing Board shall provide such a state with certified copies of this Agreement through the Director. Upon approval by the Governing Board, that state shall be permitted to accede to this Agreement.

 

Article XIV

 

Although nothing in this Agreement limits the rights of the Parties to pursue projects without resort to the Hub, the Parties shall make their best efforts to use the Hub when pursuing projects of character and objectives appropriate to the Hub.

 

Article XV

 

A. This Agreement may be amended at any time by written agreement of all the Parties, who have ratified or accepted the Agreement in accordance with their internal procedures.

B. Any Party may withdraw at any time from this Agreement six months after written notification to the other Parties.

 

Article XVI

 

Any dispute or claim arising out of this Agreement or its implementation, breach, termination or invalidity shall be settled by negotiation between the Parties. If the negotiated dispute is not settled within six months from the date on which one Party provided the other Party a written claim for negotiations, such dispute or claim shall be passed to address the Arbitration Court.

The Arbitration Court shall be constituted for each individual case as follows:

within two months of receiving a request for arbitration, each Contracting Party shall appoint one arbitrator. These arbitrators will choose a national of a Third State, who on approval of the Contracting Parties shall be appointed President of the Court. President of the Court shall be appointed within three months from the date of appointment of the other arbitrators. The place of arbitration shall be The Hague (Netherlands). The working language is English;

            if within the periods necessary appointments have not been made, shall be invited President of the International Court of Justice to make an appropriate appointment;

Arbitration Court shall make decisions by majority vote. Such decision shall be binding for Parties. Arbitration Court shall determine its own procedure. Each Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the President of the Court shall be borne in equal parts by the Parties to the dispute.

 

Article XVII

 

With a view to financing projects as soon as possible, the Signatories shall establish necessary interim procedures until the adoption of the Statute by the Governing Board. These shall include, in particular, the appointment of a Director and necessary staff and the establishment of procedures for the submission, review, and approval of projects.

 

Article XVIII

 

A.      This Agreement shall be open for signature by all International organizations and States until the date of its entry into force in accordance with Article XIX.

B.       This Agreement shall be subject to ratification or acceptance by signatory States. The appropriate instruments shall be deposited with the Ministry of Foreign Affairs of the Host Country.

C.      After the entry into force of this Agreement in accordance with Article XIX, States that have not signed the Agreement may accede to it by depositing instruments of accession with the Ministry of Foreign Affairs of the Host Country after their request for membership has been approved by the Governing Board.

D.      States which have to seek approval of this Agreement by their legislative authorities may sign on an “ad referendum” basis until the appropriate approval has been obtained.

 

Article XIX

 

A.      This Agreement shall enter into force when at least 3 States have completed all internal procedures necessary to be bound by this Agreement and notified the other Parties through diplomatic channels.

B.      This Agreement shall enter into force on the thirtieth (30th) day after the date of receipt from the three countries the notification referred to in paragraph A.

C.      For each State acceding to this Agreement, this Agreement shall enter into force on the 30th day after deposit by such State of its instrument of accession with the Ministry of Foreign Affairs of the Host Country.

D.      Until the entering into force of the Agreement in accordance with paragraph A hereinbefore, it shall be applied provisionally upon signature within the limits allowed by national legislation.

 

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed the present Agreement.

 

Done at  / ______ /   on ____  __________ 2019 in a single original.

 

 

 

STATEMENT UPON SIGNATURE OF <STATE_1>

"In <State_1>, the Hub will have legal capacity to the same extent as other legal person and, in particular, the capacity to contract, to acquire and dispose of movable and immovable property and to institute and respond to legal proceedings."

 

STATEMENT UPON SIGNATURE OF <STATE_2>

"As a legal person of the Host Country, the Hub is automatically accepted as such in <State_2>. The Hub will have the same legal capacity in <State_2> as other foreign legal person, including the capacity to contract, to acquire and dispose of movable and immovable property, and to institute and respond to legal proceedings."

 

STATEMENT UPON SIGNATURE OF <STATE_3>

 

__________________________________________________________________________________

 

 

 

FOR <STATE_1>:  _________________

 

FOR <STATE_2>:  _________________

 

FOR <STATE_3>:  _________________