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[Draft] Legal Status of WA citizens

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Palaiologos II
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[Draft] Legal Status of WA citizens

Postby Palaiologos II » Tue Apr 15, 2014 3:28 pm

Category: Human Rights
Strength: Significant
NOTING the silence of the WA on the issue of the legal status of WA citizens abroad in Non WA nations, as well as Non WA citizens in WA nations
CONCERNED that this silence could result in loopholes in the justice system and international incidents
DEFINING WA citizen: a citizen of and WA nation; Non WA citizen: a citizen of any Non WA nation; Home Nation: A nation an individual is a citizen of
CLARIFIES that a WA citizen abroad in a Non WA nation is to be held accountable to the laws of the WA and the country they presently are in for the duration of their stay, and that they are to be deported to their home nation to be tried in the event that they are arrested with the Non WA nation's consent, as they are not held to WA law, and that any Non WA citizen abroad in a WA nation is to be held accountable to the laws of the nation they are currently in, but not the laws of the WA, and are to be deported to their home nation to be tried in the event that they are arrested
ENCOURAGES WA nations to negotiate to have their citizen deported to them by the Non WA nation they are currently in
ESTABLISHES that, in the event that the Non WA nation refuses to deport them, the WA will have no legal right to intervene in the conflict further
FURTHER CLARIFYING that a citizen deported to their home nation after being arrested will be tried according to their home nation's laws
HEREBY passes "Legal Status of WA citizens" into law
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------I'm pretty sure this is legal, but if not please tell me. I tried to read every resolution that could have something to do with this subject, but I may have made mistakes. If it is illegal, please point out where and help me to fix it.


DRAFT 2
Category: Human Rights
Strength: Significant

NOTING the silence of the World Assembly in regards to the legal status of citizens of WA member nations abroad in non WA nation, and vice-versa
CONCERNED that this silence may result in loopholes in the international justice system, as well as preventable international incidents
DEFINES Home Nation as the nation that an individual is the citizen of
CLARIFIES that citizens of non WA nations abroad in WA nations are to be held accountable to local law, as well as WA law, and that, in the instance of an arrest, are to be deported to their home nation to be tried
FURTHER CLARIFIES that citizens of WA nations abroad in non WA nations are to be held accountable to local and WA law as well
ENCOURAGES WA nations to peacefully negotiate the safe return of their citizens with Non WA nations that refuse to deport them in the event that they are arrested
HEREBY passes "Legal Status of WA citizens"
Last edited by Palaiologos II on Tue Apr 15, 2014 5:13 pm, edited 2 times in total.
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Separatist Peoples
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Postby Separatist Peoples » Tue Apr 15, 2014 3:31 pm

Palaiologos II wrote:Category: Human Rights
Strength: Significant
NOTING the silence of the WA on the issue of the legal status of WA citizens abroad in Non WA nations, as well as Non WA citizens in WA nations
CONCERNED that this silence could result in loopholes in the justice system and international incidents
DEFINING WA citizen: a citizen of and WA nation; Non WA citizen: a citizen of any Non WA nation; Home Nation: A nation an individual is a citizen of
CLARIFIES that a WA citizen abroad in a Non WA nation is to be held accountable to the laws of the WA and the country they presently are in for the duration of their stay, and that they are to be deported to their home nation to be tried in the event that they are arrested with the Non WA nation's consent, as they are not held to WA law, and that any Non WA citizen abroad in a WA nation is to be held accountable to the laws of the nation they are currently in, but not the laws of the WA, and are to be deported to their home nation to be tried in the event that they are arrested
ENCOURAGES WA nations to negotiate to have their citizen deported to them by the Non WA nation they are currently in
ESTABLISHES that, in the event that the Non WA nation refuses to deport them, the WA will have no legal right to intervene in the conflict further
FURTHER CLARIFYING that a citizen deported to their home nation after being arrested will be tried according to their home nation's laws
HEREBY passes "Legal Status of WA citizens" into law
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------I'm pretty sure this is legal, but if not please tell me. I tried to read every resolution that could have something to do with this subject, but I may have made mistakes. If it is illegal, please point out where and help me to fix it.


"We have no intention of holding our citizens to our standards while outside of the WA. That which happens outside of our jurisdiction is not our problem. Also, individuals within WA borders, though citizens to non-WA nations, fall under WA law, and are accountable as such. Stating otherwise contradicts dozens of resolutions."

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Postby Slafstopia » Tue Apr 15, 2014 3:33 pm

You should reorganize it first. Big paragraphs are a no-no. Separate it into several short statements.
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Palaiologos II
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Postby Palaiologos II » Tue Apr 15, 2014 3:53 pm

Separatist Peoples wrote:
Palaiologos II wrote:
"We have no intention of holding our citizens to our standards while outside of the WA. That which happens outside of our jurisdiction is not our problem. Also, individuals within WA borders, though citizens to non-WA nations, fall under WA law, and are accountable as such. Stating otherwise contradicts dozens of resolutions."

Do you mind stating which resolutions, so I can include references to them in future drafts?
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Postby Separatist Peoples » Tue Apr 15, 2014 4:10 pm

Palaiologos II wrote:
Separatist Peoples wrote:

Do you mind stating which resolutions, so I can include references to them in future drafts?


"That would just set you up for a House of Cards violation. Any resolution that uses the term "individual", "person", or "inhabitant" instead of "citizen" would count. "Citizen" is not a synonym for "individual". Your best (and really only) bet is to ditch the clause entirely."

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Postby Bears Armed » Wed Apr 16, 2014 6:22 am

:eyebrow:
"We are opposed in principle to any proposal that would label people as 'W.A. citizens'.
"Nations, and in some cases -- such as, for example, the assorted clans, free epts, and other groups who collectively comprise 'The Confederated Clans (and other Confederated Bodys) of the Free Bears of Bears Armed' itself --constituent
parts of nations may have 'citizens': International organisations in which it is nations (represented by their governments) rather than all of the individual people who live within those countries that hold membership do not."


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Palaiologos II
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Postby Palaiologos II » Wed Apr 16, 2014 11:33 am

Bears Armed wrote:"We are opposed in principle to any proposal that would label people as 'W.A. citizens'.
"Nations, and in some cases -- such as, for example, the assorted clans, free epts, and other groups who collectively comprise 'The Confederated Clans (and other Confederated Bodys) of the Free Bears of Bears Armed' itself --constituent
parts of nations may have 'citizens': International organisations in which it is nations (represented by their governments) rather than all of the individual people who live within those countries that hold membership do not."


That same logic can be applied down to states: "I'm not a citizen of the US, because I don't go and vote directly in Congress. I elect a representative for my state, so I'm a citizen of my state" (I'm leaving the Presidential elections out of the analogy because they do not apply to the WA.) Besides, the EU defines citizens of It's members as EU citizens.
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Postby Separatist Peoples » Wed Apr 16, 2014 12:16 pm

Palaiologos II wrote:
Bears Armed wrote:"We are opposed in principle to any proposal that would label people as 'W.A. citizens'.
"Nations, and in some cases -- such as, for example, the assorted clans, free epts, and other groups who collectively comprise 'The Confederated Clans (and other Confederated Bodys) of the Free Bears of Bears Armed' itself --constituent
parts of nations may have 'citizens': International organisations in which it is nations (represented by their governments) rather than all of the individual people who live within those countries that hold membership do not."


That same logic can be applied down to states: "I'm not a citizen of the US, because I don't go and vote directly in Congress. I elect a representative for my state, so I'm a citizen of my state" (I'm leaving the Presidential elections out of the analogy because they do not apply to the WA.) Besides, the EU defines citizens of It's members as EU citizens.


"There is a huge difference between a national legislature and an international government spanning over 17,000 different nations, with different definitions of citizen, different governmental systems, and wildly different cultures. Besides, WA law already applies to non-citizen inhabitants of member states, regardless of citizenship. You can't change that for any past legislation without repealing every resolution that uses terminology other then "citizen".

"And that is enough to solidify out opposition without having to remind you that, should this pass, our statute of limitations for most crimes committed by a "WA citizen" in non-WA territory will be 3.2 seconds. Wait...guess I did have to remind you."

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Postby Grays Harbor » Wed Apr 16, 2014 3:38 pm

Citizens of my nation are Grays Harbor citizens. They are not Regional citizens. They are not continental citizens. They are not planetary citizens. And they damn sure are not WA citizens.
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Palaiologos II
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Postby Palaiologos II » Wed Apr 16, 2014 6:12 pm

Grays Harbor wrote:Citizens of my nation are Grays Harbor citizens. They are not Regional citizens. They are not continental citizens. They are not planetary citizens. And they damn sure are not WA citizens.

I'm just using 'WA Citizen' as shorthand for 'Citizen of a WA Member Nation' in the drafts. The point of the resolution is simply to establish protocol of what to do in the event that a country arrests someone who is not a citizen of that country.
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Postby Separatist Peoples » Wed Apr 16, 2014 6:24 pm

Palaiologos II wrote:
Grays Harbor wrote:Citizens of my nation are Grays Harbor citizens. They are not Regional citizens. They are not continental citizens. They are not planetary citizens. And they damn sure are not WA citizens.

I'm just using 'WA Citizen' as shorthand for 'Citizen of a WA Member Nation' in the drafts. The point of the resolution is simply to establish protocol of what to do in the event that a country arrests someone who is not a citizen of that country.


"Why, exactly, should our process be any different just because they aren't citizens? Why would the laws of our nation, which reflect the laws of the WA, not apply to them?"

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Postby Hakio » Wed Apr 16, 2014 6:27 pm

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"And does this mean that if we do not recognize them as a WA citizen it would be in our rights to deny that person the basic freedoms guaranteed by this esteemed Assembly?"
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Postby Brilliant Equestria » Wed Apr 16, 2014 6:28 pm

Separatist Peoples wrote:
Palaiologos II wrote:I'm just using 'WA Citizen' as shorthand for 'Citizen of a WA Member Nation' in the drafts. The point of the resolution is simply to establish protocol of what to do in the event that a country arrests someone who is not a citizen of that country.


"Why, exactly, should our process be any different just because they aren't citizens? Why would the laws of our nation, which reflect the laws of the WA, not apply to them?"

"Unless they happen to be diplomats, I don't see why they wouldn't. That makes this proposal unnecessary".
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Postby Separatist Peoples » Wed Apr 16, 2014 6:29 pm

Brilliant Equestria wrote:
Separatist Peoples wrote:
"Why, exactly, should our process be any different just because they aren't citizens? Why would the laws of our nation, which reflect the laws of the WA, not apply to them?"

"Unless they happen to be diplomats, I don't see why they wouldn't. That makes this proposal unnecessary".


"And a violation of CoCR."

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Postby Hakio » Wed Apr 16, 2014 6:30 pm

Separatist Peoples wrote:
Brilliant Equestria wrote:"Unless they happen to be diplomats, I don't see why they wouldn't. That makes this proposal unnecessary".


"And a violation of CoCR."

"Possibly, though I do think it would be nice to have a set and stone definition in the books of a person, since the extraterrestrial argument seems to come up a lot."
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Postby Defwa » Wed Apr 16, 2014 6:33 pm

Hakio wrote:
Separatist Peoples wrote:
"And a violation of CoCR."

"Possibly, though I do think it would be nice to have a set and stone definition in the books of a person, since the extraterrestrial argument seems to come up a lot."

Indeed, this organization could use some consistent definitions for a lot of things
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Palaiologos II
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Postby Palaiologos II » Wed Apr 16, 2014 6:38 pm

Hakio wrote:"Possibly, though I do think it would be nice to have a set and stone definition in the books of a person, since the extraterrestrial argument seems to come up a lot."

Are there any resolutions that already define when personhood begins or ends, though? If so that could potentially become a thorn in the side of anyone trying to define personhood.
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Postby Separatist Peoples » Wed Apr 16, 2014 6:40 pm

Palaiologos II wrote:
Hakio wrote:"Possibly, though I do think it would be nice to have a set and stone definition in the books of a person, since the extraterrestrial argument seems to come up a lot."

Are there any resolutions that already define when personhood begins or ends, though? If so that could potentially become a thorn in the side of anyone trying to define personhood.


"Feel free to become author #453 to try it..."

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Postby Hakio » Wed Apr 16, 2014 6:40 pm

Palaiologos II wrote:
Hakio wrote:"Possibly, though I do think it would be nice to have a set and stone definition in the books of a person, since the extraterrestrial argument seems to come up a lot."

Are there any resolutions that already define when personhood begins or ends, though? If so that could potentially become a thorn in the side of anyone trying to define personhood.

"The problem is, is that you can't just pass a resolution that defines personhood. A resolution has to do something beyond metadebating topics such as 'what is a person?' etc."
Last edited by Hakio on Wed Apr 16, 2014 6:40 pm, edited 2 times in total.
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Palaiologos II
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Postby Palaiologos II » Wed Apr 16, 2014 6:45 pm

Separatist Peoples wrote:
"Feel free to become author #453 to try it..."


I'd rather not.
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Postby Cardoness » Wed Apr 16, 2014 11:47 pm

First things first. Add a space between each clause. This is by no means necessary but helps with the readability.

Palaiologos II wrote:Category: Human Rights
Strength: Significant

OK

NOTING the silence of the WA on the issue of the legal status of WA citizens abroad in Non WA nations, as well as Non WA citizens in WA nations

The WA is silent on the legal status of citizens abroad because those persons are outside the jurisdiction of the WA. The WA is not silent at all on the issue of citizens of non WA members visiting. Several resolutions apply to all within a member nation, citizen or otherwise.

CONCERNED that this silence could result in loopholes in the justice system and international incidents

This is not possable within a WA state as laws are already in place protecting the legal rights of all. As for our citizens abroad, nothing the WA can do about that.

DEFINING WA citizen: a citizen of and WA nation; Non WA citizen: a citizen of any Non WA nation; Home Nation: A nation an individual is a citizen of

"DEFINES" or "DEFINING a". Scrap this and expand the rest to do away with any refrence to "WA Citizen". Go ahead and take it out of the title too.

CLARIFIES that a WA citizen abroad in a Non WA nation is to be held accountable to the laws of the WA and the country they presently are in for the duration of their stay, and that they are to be deported to their home nation to be tried in the event that they are arrested with the Non WA nation's consent, as they are not held to WA law, and that any Non WA citizen abroad in a WA nation is to be held accountable to the laws of the nation they are currently in, but not the laws of the WA, and are to be deported to their home nation to be tried in the event that they are arrested

You need to break this up into a couple different clauses. You can't order a non member state to do anything, including deporting anyone. You cannot force compliance upon a non WA nation. However, citizens of those nations are very much accountable for any violations which happen within the jurisdiction of the WA or in international territory.

ENCOURAGES WA nations to negotiate to have their citizen deported to them by the Non WA nation they are currently in

OK, I assume that you mean in the event of a citizen breaking WA law. This reads that we should try to recall all of our citizens by means of arrest and deportation.

ESTABLISHES that, in the event that the Non WA nation refuses to deport them, the WA will have no legal right to intervene in the conflict further

Not needed. This has already been established.

FURTHER CLARIFYING that a citizen deported to their home nation after being arrested will be tried according to their home nation's laws

Is this a citizen of a WA member or non WA member? Either way, this is a given. It is beyond the scope of the WA to do otherwise.

HEREBY passes "Legal Status of WA citizens" into law

Sorry but no.

It is encouraging to see that you posted a draft here instead of straight to the queue. We would encourage you to spend some time in these halls and get active in debates before jumping in with drafting a proposal. Get a feel for the other members, what we feel are important but unadressed issues, and how to draft/debate. Don't rush things, it takes time, but don't get to discouraged. Welcome to the festering snakepit.
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Hallensbane
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Postby Hallensbane » Thu Apr 17, 2014 1:43 am

We strongly object to Hallensbane citizens being referred to as "WA Citizens". They are not citizens of the WA. They are our citizens. Hallensbane is a member of the World Assembly, but we have not given up our sovereignty to remain so. We are still a sovereign nation, and intend to do so. As such, we strongly object to the phrasing.

Now that my little fit is out of the way... We still wouldn't support this in almost any situation. We're really not fond with anything trying to legislate interaction with non-WA nations. It's just not something we in Hallensbane want to meddle in. Not to mention, this seems extremely messy. How are we to prosecute individuals for crimes abroad? We have double jeopardy laws in Hallensbane, and this resolution almost implies that the home nation must try an individual, even if they where tried in the nation that the crime occurred in. This just seems a world of mess, and we don't want any part of it.

OOC: If you have a second draft, could the first draft get put into a spoiler? I see a "Draft 2", but it's below the other one, and it just seems a bit messy. It would be really nice if the first one could be spoilered.
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Postby Grays Harbor » Thu Apr 17, 2014 2:39 am

CLARIFIES that citizens of non WA nations abroad in WA nations are to be held accountable to local law, as well as WA law, and that, in the instance of an arrest, are to be deported to their home nation to be tried

So, a citizen of nation 1 is visiting nation 2, and while there is arrested for looking directly at the Grand High Poohbah, a crime in nation 2. Are you telling us that this unfortunate person must now be prosecuted by their own government for something which is not even a crime by their laws?
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Bananaistan
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Postby Bananaistan » Thu Apr 17, 2014 4:46 am

Against full stop.

Are we considering what's above the line or below the line in the OP btw?
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