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PASSED: International Salvage Laws

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New Illuve
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Founded: Aug 24, 2007
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Re: AT VOTE: International Salvage Laws

Postby New Illuve » Tue Jun 02, 2009 3:41 pm

Sadly, this Proposal is already at vote, and thus alterations to the wording are no longer possible.

Furthermore, as it is the stated purpose of Sydia to only provide recommendations, and not mandate any binding consequences upon World Assembly members, such clauses sought by the Scottish Nova would not have any real effect. Compensation, and which nation would have jurisdiction, would still be a matter each and every nation would need to decide with each and every other nation.
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Balluchillish
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Founded: May 26, 2009
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Re: AT VOTE: International Salvage Laws

Postby Balluchillish » Tue Jun 02, 2009 10:50 pm

If the languange cannot be changed since the issue is "At Vote", which makes sense, Balluchillish will abstain as we are not entirely comfortable with some of the wording. No offense to the author(s) of this measure, we certainly agree with the intent.

Once again, as mentioned in a previous post, I hope the powers that be at the WA will expand or redefine the "catagogies" so that posts can debate the issue and not so much where it shoud be presented. 8)
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Thomas McSwain
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Re: AT VOTE: International Salvage Laws

Postby Thomas McSwain » Wed Jun 03, 2009 5:17 am

Balluchillish wrote:If the languange cannot be changed since the issue is "At Vote", which makes sense, Balluchillish will abstain as we are not entirely comfortable with some of the wording. No offense to the author(s) of this measure, we certainly agree with the intent.

Once again, as mentioned in a previous post, I hope the powers that be at the WA will expand or redefine the "catagogies" so that posts can debate the issue and not so much where it shoud be presented. 8)


the representative of balluchillish, is correct we need to keep it to a discussion of the issues

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Flibbleites
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Re: AT VOTE: International Salvage Laws

Postby Flibbleites » Wed Jun 03, 2009 7:23 am

New Illuve wrote:OOC: and all I would really need to worry about is the Mods/Admins kicking me out of the WA for at least violating the gentleman's agreement implicit in joining the WA,

OOC: Actually, you don't have to worry about that, you can only get kicked from the WA for rulebreaking.

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Old Sincostan
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Founded: May 20, 2009
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Re: AT VOTE: International Salvage Laws

Postby Old Sincostan » Wed Jun 03, 2009 7:32 am

I disagree with this resolution.I don't wan't my nation having to work co-operatively with other nations salvage operations.Its their own responsibility.
This is my original nation, which I don't use much. Look for Neo-Sincostan instead.

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Tchikovskint
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Founded: Jun 03, 2009
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Re: AT VOTE: International Salvage Laws

Postby Tchikovskint » Wed Jun 03, 2009 10:56 am

This is a bunch of baloney and im not going to hear it again
Sydia wrote:International Salvage Laws

A resolution to reduce income inequality and increase basic welfare.


Category: Social Justice


Strength: Mild


Proposed by: FlagSydia

Description:
Description: SEEING the need to build an international understanding on salvage laws;

NOTING that international salvage laws have yet to be defined by the WA;

AWARE of the benefit such laws would provide for salvage operations;

RECOMMENDS the following measures:

1) All personnel involved in a salvage operation shall take due care to avoid unnecessary risks to human health and not to damage the surrounding environment,

2) When needed, salvors must co-operate with the salvage operations of other nations to ensure the upkeep of 1),

3) Every vessel must, by all practical means, assist any other stricken vessel unless the vessel poses any threat to the salvors, including the potential risk of the salvage operation itself. The decision not to undertake a salvage operation on the grounds of safety is left to the captain of the salvor vessel,

4) Any vessel that encounters a stricken vessel must immediately contact their own nation of the salvor and the nation which owns the stricken vessel, or if the nation owning the stricken vessel is unknown, the home nation of the stricken vessel, or if the stricken vessel’s home nation is unknown, the nearest friendly nation to the salvage site,

5) Vessels which have been designated war graves are not eligible for salvage, unless explicitly stated by the nation which owned the craft at the time of its destruction or the home nation of the vessel at the time of destruction. Any salvor breaking this clause shall be subject to the appropriate laws of said nation,

6) Any crewmen on board a salvageable vessel must co-operate fully with the salvors in order to ensure their own safety and the safety of all involved vessels,

7) Once a salvaged vessel has been safely retrieved the salvor must make arrangements to deliver the vessel to its rightful owner as soon as possible,

8) Any salvaged vessel which has been lost or otherwise deemed irretrievable by the party originally owning it shall be considered become the property of the salvor.

9) Depending on the nature of the salvage operation and the skill and risk involved to the salvor, the salvor is entitled to payment for services should the party owning the vessel seek to re-acquire it,

10) This resolution shall only apply to international waters only.

11) Salvage that is of legitimate historical interest is eligible to be claimed by the nation nearest to the salvage site provided the wreck is put on public display. A salvor is still entitled to compensation in this case. Salvors dealing in wrecks which have historical value must receive training in archaeological techniques in order to prevent damage to the wreck.

Edited to show the current incarnation. Discuss away, etc.

:palm:

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Ruana
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Re: AT VOTE: International Salvage Laws

Postby Ruana » Wed Jun 03, 2009 4:08 pm

This act does not apply to the Confederate as we already have a law within our borders for salvaging.

The Law of Salvaging in the Confederate of Ruana are as follows;

Clause 5 - of the Bill of Human Rights states that whomever makes a claim or locates, either by Sea, Land, or Space. Whether it be a claim to land were certain amount of Gold/Ore/Iron/Minerals deposit are located, treasures or sunken ships etc, will therefore by law submit to the Crown, within 24 hours of locating these items and stating his/her claim.
If there is a dispute to the claim, the disputer[s] or disputee must also submit to the Crown within 24 hours of his/her dispute.

It is at the discretion of the Crown, whether the Claim is Legitamite to salvage. If it is not, the Crown will claim the Claim on behalf of the Confederate."


It also states in the Law of Salvaging in the Confederate of Ruana;

Clause 6 - of the Bill of Human Rights

Salvaging within the Sea, Land, or Space of the Confederate of Ruana, is stricty Prohibited.
Neither the Citizen of the Confederate or those that are not Citizens of the Confederate may salvage any Artifacts [consisting of Minerals, Gold etc ] whether it maybe by Sea, Land or Space within the borders of the Confederate.

They must submit as on "Clause 5 of the Bill of Human Rights" to the Crown of his/her find. If a submition is not lodged, a fine of $100'000 duca, imprisonment of 20 years, ceasement of all assests whether they are in the Confederate or overseas, deportation back to their country of origin[if it is a non citizen] will be inforced.


It is entirely up to the individual nation to help another nation to aid them in salvaging. This Act/Bill should not have been put through for voting. It is a pity we can veto a Act/Bill.
Last edited by Ruana on Wed Jun 03, 2009 4:13 pm, edited 1 time in total.
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Re: AT VOTE: International Salvage Laws

Postby Goobergunchia » Wed Jun 03, 2009 11:58 pm

While we cannot support this resolution ourselves due to the lack of definitive mandate, after reviewing this debate we wish to express our deep sympathies to the Delegate from Sydia over the conduct of this debate. We wish to encourage all ambassadors to keep their discussion on a resolution already at vote to be substantive to the text of the resolution.

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The Canopus Magistry
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Founded: Apr 02, 2009
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Re: AT VOTE: International Salvage Laws

Postby The Canopus Magistry » Thu Jun 04, 2009 8:52 am

First, I would like to thank Sydia for correcting my spelling error, It was wrong of me to make such a careless blunder while criticisizing someone else's grammer.

From Sydia's response I can see I was a bit unclear in my previous post. By rescue operations I was refering to the salvage of a ship in distress with the crew still aboard, as opposed to recovery operations which I use to distinguish those operations to salvage an abandoned or sunken vessel. Sydia's proposed resolution refers to both but at times seems to mean specifically one or the other. I will continue to oppose this resolution (and encourage others to do so) because of this confusion.

If a similar legislation were to be proposed that addressed these semantic issues, however, it would have the full support of the Magistry.

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TheGoodOleUSA
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Founded: Jun 01, 2009
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Re: AT VOTE: International Salvage Laws

Postby TheGoodOleUSA » Thu Jun 04, 2009 1:40 pm

Well, quite honestly, this a a great and dear resolution that has been brought to the table, discussed, debated, and at the end of the day, has been voted on as either Aye or Nay; but quite truthfully, I think its time that we start bringing up a discussion about protecting these ships that are out in Waters, whether they be in Our National & Regional waters, or in other waters abroad. The souls on board these ships are by far much more important than just a simple salvage operation which quite honestly, these operators know full well of, they know what kind of dangers and of course relaxations are on the horizon, and they should be backed up by their nations, and that's why I call for a Coalition to help out these good and hard-working sailors who quite honestly are just trying to help and raise their families and not worry about what's going to happen to them while the good sailors are out on the Lord's good big blue sea.

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Two great nation
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Founded: Mar 10, 2009
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Re: AT VOTE: International Salvage Laws

Postby Two great nation » Thu Jun 04, 2009 3:32 pm

"I disagree with this resolution.I don't wan't my nation having to work co-operatively with other nations salvage operations.Its their own responsibility."
I agree with you, but i guess that is the cost of being a WA member, my vote never changes anything, usually everyone always votes for something.

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New Rockport
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Founded: May 09, 2009
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Re: AT VOTE: International Salvage Laws

Postby New Rockport » Thu Jun 04, 2009 5:40 pm

The Republic of New Rockport casts its vote against this resolution and urges all other WA member nations to do the same. Section 11 of this resolution has the potential to lead to some unjust outcomes.

Please consider the following scenario. A ship of legitimate historical interest, owned by a national of Nation A and flying the flag of Nation A, sinks in international waters. A salvage crew financed by a national of Nation A recovers the shipwreck and the artifacts aboard the shipwreck. The closest point of land to the shipwreck, thousands of miles away, is the territory of Nation B. On this basis alone, Nation B claims the shipwreck and its artifacts.

The ship was not owned by a national of Nation B. It was not registered to Nation B. It was not salvaged by a national of Nation B. There were no nationals of Nation B aboard the ship. The ship did not sink in the internal waters or territorial sea of Nation B. Yet, if this resolution is enacted, Nation B's claim, tenuous as it is, would be recognized under international law. Please prevent such an unjust outcome by voting against this resolution.
The Federal Republic of New Rockport


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The Land of Fear
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Founded: Jun 02, 2009
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Re: AT VOTE: International Salvage Laws

Postby The Land of Fear » Thu Jun 04, 2009 10:35 pm

I voted against the International Salvage laws because I doan't believe my nation should have to work with other nations.

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Tolothia
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Founded: Jun 23, 2007
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Re: AT VOTE: International Salvage Laws

Postby Tolothia » Fri Jun 05, 2009 9:22 am

I voted against this proposal. I do not agree with section 5 of this resolution.

Section 5 states that "Vessels which have been designated war graves are not eligible for salvage, unless explicitly stated by the nation which owned the craft at the time of its destruction or the home nation of the vessel at the time of destruction. Any salvor breaking this clause shall be subject to the appropriate laws of said nation"

Because the resolution only applies to international waters, and that a breech of this law would therefore take place in international waters, punishment of such a breech cannot be subject to the judicial ruling of a particular state. This is unfair, unjust and promotes legal inequality.

I strongly propose we remove section 5 from this proposal.

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Absolvability
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Re: AT VOTE: International Salvage Laws

Postby Absolvability » Fri Jun 05, 2009 10:00 am

Resolution wrote:11) Salvage that is of legitimate historical interest is eligible to be claimed by the nation nearest to the salvage site provided the wreck is put on public display. A salvor is still entitled to compensation in this case. Salvors dealing in wrecks which have historical value must receive training in archaeological techniques in order to prevent damage to the wreck.


New Rockport wrote:Please consider the following scenario. A ship of legitimate historical interest, owned by a national of Nation A and flying the flag of Nation A, sinks in international waters. A salvage crew financed by a national of Nation A recovers the shipwreck and the artifacts aboard the shipwreck. The closest point of land to the shipwreck, thousands of miles away, is the territory of Nation B. On this basis alone, Nation B claims the shipwreck and its artifacts.


Disturbing. I've withdrawn my support from this resolution. I've been guilty of 'browsing,' I think. That clause didn't seem to be worded just like that in an earlier draft... I really must pay closer attention.
Last edited by Absolvability on Fri Jun 05, 2009 10:00 am, edited 1 time in total.
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Charlotte Ryberg
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Re: AT VOTE: International Salvage Laws

Postby Charlotte Ryberg » Fri Jun 05, 2009 2:52 pm

I express my deep disappointment at the passing of this resolution and I call for a repeal to be drafted by any of the opposition as soon as possible.

It is very fortunate that this time our economy actually strengthened and our taxes fell due to the decisions made at national level this afternoon, but it could have been improved further had the ambassador to Sydia had sought peer review as I have done with my draft concerning Humanitarian or Disaster Aid resolution, with significant contribution coming from the honoured ambassador to New Illuve.

Yous [sic],
Last edited by Charlotte Ryberg on Fri Jun 05, 2009 2:52 pm, edited 1 time in total.

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