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[DEFEATED] Int'l Service of Process

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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Mon Sep 17, 2018 7:53 am

Uan aa Boa wrote:
Separatist Peoples wrote:"So, you're opposed because you're still mad about the capital punishment debate? That's as bad as opposing something without having read it, since your arguments are neither cogent nor relevant. If that is how you judge a proposal, ambassador, I'm willing to count your vote against."

Respectfully, evidence of the merits (or otherwise) of the jurisdictions whose process we're being asked to serve is relevant. I'm sure this will pass fairly comfortably, however

"No, it isnt. Service of process is not a jurisdictional claim. It's a notice requirement, so individuals and business dont end up with default judgments against them for claims they never even knew were against them. The service of process, at best, presumes a rebuttable argument of jurisdiction by the petitioner that the respondent may argue without touching the merits of the claim at all."

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Uan aa Boa
Ambassador
 
Posts: 1134
Founded: Apr 23, 2017
Corrupt Dictatorship

Postby Uan aa Boa » Mon Sep 17, 2018 8:25 am

Separatist Peoples wrote:"No, it isnt. Service of process is not a jurisdictional claim. It's a notice requirement, so individuals and business dont end up with default judgments against them for claims they never even knew were against them. The service of process, at best, presumes a rebuttable argument of jurisdiction by the petitioner that the respondent may argue without touching the merits of the claim at all."

Thank you, I'm aware of what service of process is. All I'm saying is that recent events in this chamber have highlighted the reasons my government would prefer to retain the option to completely ignore Imperial Imperium of Edgy Memes type nations, together with all their unserved processes, when it chooses to do so.

It was a minor point and I won't belabour it further.

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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Mon Sep 17, 2018 11:52 am

Uan aa Boa wrote:
Separatist Peoples wrote:"No, it isnt. Service of process is not a jurisdictional claim. It's a notice requirement, so individuals and business dont end up with default judgments against them for claims they never even knew were against them. The service of process, at best, presumes a rebuttable argument of jurisdiction by the petitioner that the respondent may argue without touching the merits of the claim at all."

Thank you, I'm aware of what service of process is. All I'm saying is that recent events in this chamber have highlighted the reasons my government would prefer to retain the option to completely ignore Imperial Imperium of Edgy Memes type nations, together with all their unserved processes, when it chooses to do so.

It was a minor point and I won't belabour it further.

"Then you know that your concerns are without any realistic connection to this proposal. Your whole reaction boils down to 'I dont agree with the WA right now, so Nyah!'

"By ignoring foreign service of process on the grounds that you dont want to interact with those states, you subject yourself to tit-for-tat reprisal, denying your citizens similar opportunity for relief. And you dont spare your people or your government anything, as you will quickly find your people liable for damages and court costs they never knew were a risk. You aren't shielding them from anything, merely denying them the chance to respond.

"Finally, you deny the WA at large the opportunity for normalized access to civil justice, a huge barrier to commerce, by ignoring service from foreign jurisdictions. Facilitated and normalized process is a huge advantage among nations."

Bell looks around at the rest of the chamber. "Please don't mistake my zealous advocacy as a desire for the Boaan vote. If the Boaan ambassador insists on petulance, what can I do to change his mind? I can use it as a teaching moment for why this line of thinking is patently absurd."

He turns back to the Boaan ambassador. "Thank you for being a teachable moment."

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Separatist Peoples should RESIGN!

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Lillaria
Political Columnist
 
Posts: 4
Founded: Jun 03, 2014
Ex-Nation

Postby Lillaria » Mon Sep 17, 2018 9:18 pm

Does something as trivial as sending letters really need to be enforced by the WA? Surely nations can be trusted to handle such a simple issue on their own.

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United Massachusetts
Minister
 
Posts: 2574
Founded: Jan 17, 2016
Ex-Nation

Postby United Massachusetts » Mon Sep 17, 2018 9:23 pm

VOTE AGAINST! #NATSOV

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Cosmopolitan borovan
Ambassador
 
Posts: 1032
Founded: Jan 18, 2018
Ex-Nation

Postby Cosmopolitan borovan » Mon Sep 17, 2018 10:06 pm

"You want to establish a process where we let them notify for a legal action case for the foreign party to know?" "And for businesses?" "This isn't difficult, a nation can handle that on their own. "

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Imperium Anglorum
GA Secretariat
 
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Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Mon Sep 17, 2018 10:28 pm

Image
lolno

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United Massachusetts
Minister
 
Posts: 2574
Founded: Jan 17, 2016
Ex-Nation

Postby United Massachusetts » Mon Sep 17, 2018 10:51 pm

Imperium Anglorum wrote:(Image)
lolno

;) Very classy of me.

Though, it feels less harmless the more I look at it.
Last edited by United Massachusetts on Mon Sep 17, 2018 10:57 pm, edited 2 times in total.

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Kenmoria
GA Secretariat
 
Posts: 7921
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Mon Sep 17, 2018 11:25 pm

Cosmopolitan borovan wrote:"You want to establish a process where we let them notify for a legal action case for the foreign party to know?" "And for businesses?" "This isn't difficult, a nation can handle that on their own. "

“It is the job of the WA to regulate things that member nations could do by themselves. For example, member nations are perfectly able to legalise abortion, or permit male circumcision, of ban capital punishment without the WA’s help, but we still make resolutions on those topics, much to the detriment of my sanity.

Also, the Kenmorian delegation firmly votes FOR this proposal.”
Last edited by Kenmoria on Mon Sep 17, 2018 11:26 pm, edited 1 time in total.
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
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Christian Democrats
Postmaster-General
 
Posts: 10093
Founded: Jul 29, 2009
New York Times Democracy

Postby Christian Democrats » Tue Sep 18, 2018 12:04 am

Christian Democrats wrote:
Separatist Peoples wrote:4. Where service of process cannot be accomplished through post, member states must either:

    a. Allow agents of a foreign court entry into their nation and provide sufficient assistance to allow the agent to serve process upon recipient party, or
    b. Dispatch an agent of their own court to serve process upon the recipient party on the foreign jurisdiction’s behalf.

We're opposed to this section. We don't believe member states should be forced to bear the costs of foreign legal systems, especially when those costs pertain to civil cases. Some member states have populations who are quite litigious, and this proposal could impose substantial and unreasonable burdens on neighboring member states where large numbers of expatriates live.

The Most Holy and Grand Empire continues to feel this way. We have voted against this proposal.
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United New England
Attaché
 
Posts: 99
Founded: May 15, 2018
Left-wing Utopia

Postby United New England » Tue Sep 18, 2018 1:59 am

Imperium Anglorum wrote:(Image)
lolno


Wow. I just want to make it abundantly clear that United New England is not affiliated with United Massachusetts, as there are some similarities between our nations (names, locations, certain progressive political beliefs) that might be cause for confusion.
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The Sect Meces
Bureaucrat
 
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Founded: Dec 11, 2016
Ex-Nation

Postby The Sect Meces » Tue Sep 18, 2018 2:23 am

Ambassador Leman blinks at the proposal and let's out a sigh of relief.

"Ok it's not what I thought it was, so from what I'm reading this is basically just a mandatory mail system?"

Leman's eyes dart around.

"Or am I not reading to deeply into it?"
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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Tue Sep 18, 2018 3:30 am

The Sect Meces wrote:Ambassador Leman blinks at the proposal and let's out a sigh of relief.

"Ok it's not what I thought it was, so from what I'm reading this is basically just a mandatory mail system?"

Leman's eyes dart around.

"Or am I not reading to deeply into it?"

"Its literally just a notice requirement. Not that you'll have to comply, it seems."
United New England wrote:
Imperium Anglorum wrote:(Image)
lolno


Wow. I just want to make it abundantly clear that United New England is not affiliated with United Massachusetts, as there are some similarities between our nations (names, locations, certain progressive political beliefs) that might be cause for confusion.


"Good to know. Petty vincdictiveness on something as very moderate as this is disappointing and telling."

Christian Democrats wrote:
Christian Democrats wrote:We're opposed to this section. We don't believe member states should be forced to bear the costs of foreign legal systems, especially when those costs pertain to civil cases. Some member states have populations who are quite litigious, and this proposal could impose substantial and unreasonable burdens on neighboring member states where large numbers of expatriates live.

The Most Holy and Grand Empire continues to feel this way. We have voted against this proposal.


"Again, you would only pay if you barred the agent's entry. Obstructionism has its costs."

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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West Phoenicia
Ambassador
 
Posts: 1332
Founded: Jun 25, 2017
Left-Leaning College State

Postby West Phoenicia » Tue Sep 18, 2018 4:19 am

The Confederate Empire of West Phoenicia has voted against this resolution. Not all nations are incompetent in their handling of matters.

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United Massachusetts
Minister
 
Posts: 2574
Founded: Jan 17, 2016
Ex-Nation

Postby United Massachusetts » Tue Sep 18, 2018 4:38 am

It's nothing against you Sep. I initially wanted to oppose for fun, and canvassed to that end, partly as a test of present GA conditions, and partly born out of a joke taken too far from the GA forums. I apologize. It wasn't petty or vindictive; just me testing GA conditions.
Last edited by United Massachusetts on Tue Sep 18, 2018 4:48 am, edited 1 time in total.

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Separatist Peoples
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Tue Sep 18, 2018 4:55 am

West Phoenicia wrote:The Confederate Empire of West Phoenicia has voted against this resolution. Not all nations are incompetent in their handling of matters.

"Ambassador, that some nations will willfully obstruct foreign process indicates that this transnational issue is worthy of attention. Besides, this has fuckall to do with your domestic process."

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Liberimery
Chargé d'Affaires
 
Posts: 402
Founded: May 27, 2018
Ex-Nation

Postby Liberimery » Tue Sep 18, 2018 5:29 am

Separatist Peoples wrote:
West Phoenicia wrote:The Confederate Empire of West Phoenicia has voted against this resolution. Not all nations are incompetent in their handling of matters.

"Ambassador, that some nations will willfully obstruct foreign process indicates that this transnational issue is worthy of attention. Besides, this has fuckall to do with your domestic process."


Ambassador, while you are entitled to your own opinions, I do believe your uncivil younger in these August halls are winning you no support in your endeavor for a coalition to support your own proposals.

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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Tue Sep 18, 2018 6:53 am

Liberimery wrote:
Separatist Peoples wrote:"Ambassador, that some nations will willfully obstruct foreign process indicates that this transnational issue is worthy of attention. Besides, this has fuckall to do with your domestic process."


Ambassador, while you are entitled to your own opinions, I do believe your uncivil younger in these August halls are winning you no support in your endeavor for a coalition to support your own proposals.


"Civility is only worth something when it accomplishes goals. You've decided to oppose despite cogent arguments why this is in your favor, why it protects your people and why it furthers your business interests. In the face of unreasonable obstructionism, I've only profanity to offer.

"Besides, none of my obscenity is directed in a hostile manner. "

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Evil Dictators Happyland
Senator
 
Posts: 3518
Founded: Aug 03, 2016
Corrupt Dictatorship

Postby Evil Dictators Happyland » Tue Sep 18, 2018 8:49 am

"Before I tell our WA department how to vote on the issue, I would like to know what, exactly, "int'l" is supposed to mean."
-The Dictator, visiting the WA in person for the first time in years.

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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Tue Sep 18, 2018 9:35 am

Evil Dictators Happyland wrote:"Before I tell our WA department how to vote on the issue, I would like to know what, exactly, "int'l" is supposed to mean."
-The Dictator, visiting the WA in person for the first time in years.

"Its the legal standard abreviation for International, held over from before the title character limit was expanded."

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Imperium Anglorum
GA Secretariat
 
Posts: 12676
Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Tue Sep 18, 2018 9:42 am


Author: 1 SC and 56+ GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
GenSec (24 Dec 2021 –); posts not official unless so indicated
Delegate for Europe
Elsie Mortimer Wellesley
Ideological Bulwark 285, WALL delegate
Twice-commended toxic villainous globalist kittehs

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Lord Dominator
Powerbroker
 
Posts: 8900
Founded: Dec 22, 2016
Right-wing Utopia

Postby Lord Dominator » Tue Sep 18, 2018 10:22 am

"Hrm, seem harmless enough. Support."

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Those Spaniards
Political Columnist
 
Posts: 3
Founded: Sep 07, 2018
Ex-Nation

Postby Those Spaniards » Tue Sep 18, 2018 10:31 am

Separatist Peoples wrote:
Liberimery wrote:
Ambassador, while you are entitled to your own opinions, I do believe your uncivil younger in these August halls are winning you no support in your endeavor for a coalition to support your own proposals.


"Civility is only worth something when it accomplishes goals. You've decided to oppose despite cogent arguments why this is in your favor, why it protects your people and why it furthers your business interests. In the face of unreasonable obstructionism, I've only profanity to offer.

"Besides, none of my obscenity is directed in a hostile manner. "

"Being on the losing side of an argument is no reason to discard civility, Mr. Ambassador!

"Those Spaniards stand in opposition to this proposed legislation."

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Separatist Peoples
GA Secretariat
 
Posts: 16989
Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Tue Sep 18, 2018 11:30 am

Those Spaniards wrote:
Separatist Peoples wrote:
"Civility is only worth something when it accomplishes goals. You've decided to oppose despite cogent arguments why this is in your favor, why it protects your people and why it furthers your business interests. In the face of unreasonable obstructionism, I've only profanity to offer.

"Besides, none of my obscenity is directed in a hostile manner. "

"Being on the losing side of an argument is no reason to discard civility, Mr. Ambassador!

"Those Spaniards stand in opposition to this proposed legislation."

"I'm this civil all the time. Win or lose."

His Worshipfulness, the Most Unscrupulous, Plainly Deceitful, Dissembling, Strategicly Calculating Lord GA Secretariat, Authority on All Existence, Arbiter of Right, Toxic Globalist Dog, Dark Psychic Vampire, and Chief Populist Elitist!
Separatist Peoples should RESIGN!

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Kenmoria
GA Secretariat
 
Posts: 7921
Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Tue Sep 18, 2018 12:42 pm

Those Spaniards wrote:
Separatist Peoples wrote:
"Civility is only worth something when it accomplishes goals. You've decided to oppose despite cogent arguments why this is in your favor, why it protects your people and why it furthers your business interests. In the face of unreasonable obstructionism, I've only profanity to offer.

"Besides, none of my obscenity is directed in a hostile manner. "

"Being on the losing side of an argument is no reason to discard civility, Mr. Ambassador!

"Those Spaniards stand in opposition to this proposed legislation."

“Civility is highly overrated. I for one will not stand for any restrictions on freedom of speech in the name of ‘politeness’ or ‘etiquette’. Such concepts are alien to the vast and inefficient body of the WA. Ambassadors have to undergo all sorts of things in this festering snakepit, sometimes only rudeness can retain sanity.”
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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