[DEFEATED] Int'l Service of Process

[Battlion]

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.

We additionally have come to this conclusion as the basis for our vote against the proposal.

[Lord Dominator]

"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.”

"Rudeness can also be pretty fun."

[The Sect Meces]

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."

"Then we see no harm in voting for it, in spite of the overwhelming 'no' vote."

[Xanthal]

The Federation votes Yes, to the version actually submitted of course, not the one that bans... what was it? Bodily sovereignty and national sovereignty. I'm surprised you didn't take the extra step of naming yourself sovereign. Good to see this body hasn't completely lost its sense of humor. Seems the tide's against you though; maybe too arcane a subject after the drama of a battle over the death penalty? Ah, well. It could still be useful as a de-facto best practices standard I suppose.

[The Palentine]

The good but unwholesome Senator looks up from his desk. He reaches into his pocket and pulls out a pitch-pipe. After blowing a note he begins to sing in a nice baratone voice,

"I don't know what they have to say
It makes no difference anyway
Whatever it is, I'm against it
No matter what it is or who commenced it
I'm against it!

Your proposition may be good
But let's have one thing understood:
Whatever it is, I'm against it
And even when you've changed it or condensed it
I'm against it!

I'm opposed to it
On general principles, I'm opposed to it!"

[Bears Armed]

Artorrios and Hwa Sue leave the chamber, talking with each other quietly in English. Anybody who's close enough to overhear this discussion would find that it is abut their confusion at so many WA members' priorities: There was support, albeit not by the widest of possible margins, for a resolution that would greatly hinder member nations' ability to execute convicted criminals... and yet now the Assembly seems overwhelmingly against a proposal that would simply require nations to ensure that people within their jurisdictions are notified of cases being brought against them elsewhere?!? Just when we thought that we understood humans...

[True Spain]

Artorrios and Hwa Sue leave the chamber, talking with each other quietly in English. Anybody who's close enough to overhear this discussion would find that it is abut their confusion at so many WA members' priorities: There was support, albeit not by the widest of possible margins, for a resolution that would greatly hinder member nations' ability to execute convicted criminals... and yet now the Assembly seems overwhelmingly against a proposal that would simply require nations to ensure that people within their jurisdictions are notified of cases being brought against them elsewhere?!? Just when we thought that we understood humans...

True Spain's Ambassador, Rodrigo de Montoya, was entering the chamber when Artorrios and Hwa Sue were leaving it. He was not able to pick up what the two delegates were talking about, but had he been able to do so he would have agreed wholeheartedly.

It was now clear most delegates did not really take the time to properly read and understand the resolutions they were voting on, while at the same time complaining about the intrusive nature of the WA and the ill effect it had in their national sovereignty. Very likely related to the mindless voting taking place in most democracies by a vast majority of the voters, he would have thought. That's why democracy was such a poor idea, and why True Spain had regrettably decided to steer away from it.

[The Sect Meces]

"Considering what most nations consider legal behaviour and the people they have in charge, I'm not surprised many of them have more..... skewed priorities"

[Kenmoria]

The Federation votes Yes, to the version actually submitted of course, not the one that bans... what was it? Bodily sovereignty and national sovereignty. I'm surprised you didn't take the extra step of naming yourself sovereign. Good to see this body hasn't completely lost its sense of humor. Seems the tide's against you though; maybe too arcane a subject after the drama of a battle over the death penalty? Ah, well. It could still be useful as a de-facto best practices standard I suppose.

“It is very strange, how member nations will cry outrage and demand blood sacrifice, yet passing, a resolution effectively banning capital punishment, but will not levy any particularly harsh criticism, though voting against, a proposal as sensible and non-contentious as this. Kenmoria supports both, though it doesn’t really affect us much since both were already common practice. Seriously, what is so wrong about mandating free transfer of law-related post?”

[Ru-]

We do not feel that a nation should be compelled to bear costs to ensure that a foreign citizen recieves justice in a complaint against one of thier citizens.

The cost of service should be born by the person bringing the complaint or thier nation unless individual nations make other arrangements with each other by treaty. We respectfully oppose.

[Separatist Peoples]

We do not feel that a nation should be compelled to bear costs to ensure that a foreign citizen recieves justice in a complaint against one of thier citizens.

The cost of service should be born by the person bringing the complaint or thier nation unless individual nations make other arrangements with each other by treaty. We respectfully oppose.

"You only bear the costs if you don't permit foreign officers of the court to serve process themselves. And then only when certified mail doesn't work. Did you actually read this? Or are you comfortable with the idea of nations charging exorbitant amounts to serve process to aggravate other nations? Because that particular blade cuts both ways, ambassador."

[Liberimery]

"-its called a bargaining position," Bell says, leaning towards an unhappy-looking intern and not realizing the mic was on. "I can give up the clause in exchange for consideration from important voting blocs' support."

He turns towards the mic, "Howdy, folks. Take a gander."

Int’l Service of Process
Regulation | Legal Reform

---

Observing the importance of legal procedure in both criminal and civil laws;

Discerning the importance of the service of process in a procedural framework designed to prevent manipulation of a court system as a tool for state oppression;

Recognizing the inherent right of a state to establish its own jurisdictional procedure for its domestic court systems, yet

Appreciating the necessity of international procedure in an increasingly globalized world;

The World Assembly hereby establishes the following:

1. Service of process is defined as the procedure by which a party to legal action gives notice of the initialization of legal action to another party, so as to enable that party to respond to the proceeding before the judicial body.

2. Registered agent and registered office is an individual or entity, respectively, designated to receive service of process notices on behalf of a business entity so as to make service of process effective.

3. Member states shall allow the service of process from other member states upon persons within their jurisdiction, provided it contains, at minimum:


a. The name and jurisdiction of the court and the parties;
b. The name of the recipient party
c. The name and address of the plaintiff's attorney and, if allowed by the initiating party’s jurisdiction, the name of the plaintiff;
d. A copy of the complaint which contains, at minimum, the charges and the role of the named recipient in the case;
e. The time within which the recipient must appear and respond;
f. A notification to the recipient party if a failure to appear and respond will result in a default judgment for relief; and
g. The signature and seal of an officer of the court from the initiating party’s jurisdiction.

4. Member states must allow service of process if the method by which it is sent is reasonable. A method is reasonable if it is the same or substantially similar to the method used by the host nation for the same or similar purposes.

5. Where service of process cannot be accomplished without the aid of an agent of a court, 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.

6. Member states may require foreign court agents to bear the cost of their own travel and service, but may not demand excessive compensation from the foreign jurisdiction for the costs of serving process where the foreign agents were barred entry pursuant to subparagraph 5.b.

7. Member states may require that foreign service of process efforts comport with their own jurisdictional requirements where such requirements do not conflict with or frustrate the purpose of service of process and comport with international law.

8. Member states must ensure that all business associations and entities reasonably likely to be subject to international liability maintain a registered agent or office and publicly promulgate the contact information for such agents and offices, or otherwise ensure that officers of a court can identify and serve process on those entities.

9. No provisions herein shall be construed as to require member states submit to extradition requirements or the adjudication of foreign entities, except where required by international law, nor shall be construed to apply to the jurisdictions of nonmember states.

10. Bans abortions, nuclear weapons, bodily sovereignty, national sovereignty, and weaponized cats.

OOC: Quoted as of 6:25 pm, EST, 9/20/18. Holding was added by myself but no other content was removed or added. I merely intended to highlight the article in question.

IC: Rushes past the hall way conversations at a fast pace and huffing profusely as if he had run the whole way. He loudly slams open the chamber doors. Catching his breath he holds the official copy for the debate high.

"I believe I've found the problem, Ambassador," points to the article 10 of the copy from the debate copy of the final draft, "I believe you do not give this assembly the credit they deserve for reading the proposals. It appears a vast majority do in fact do excellent service to their governments and were wisely chosen for their posts.

Still panting, "I must explain the matter. I have noted from time to time that the Ambassador from Seperatist Peoples will throw a rather oddball arrival into proposal drafts. I'm sure there is some humor that plays well back in the Ambassador's home where his people get a chuckle out of the bizarre questions members ask about it and this article 10 is an example of one such jest."

"Anyway, I was just discussing issues with the President General and he was really tearing into this matter and praising the nations that voted against it. And the he says to me, in his speech giving voice... like the proposal was going to be some grand plank he would run on next year if he had not reached term limit... speech voice, he says "Watch them. They'll try to sneak this in... And if if it passes we'll withdraw from the World Assembly.

Starts laughing between his words, "He said 'If they want me to choose between Mr. Henry or the World Assembly, I think the First Mouser to the President General has done more good for Liberimery than the WA.'"

Composing himself from the giggle fit, "Whew. I thought I had sent him an older draft. But the official final draft copy was stamped on it. Well, I quickly explained the problem to the President General and rushed over here to correct the record and hope this could possibly salvage the proposal."

"Ladies, Gentlemen, and Others, while I am glad to see so many take a principled stand for our our feline constituents, rest assured the WA did not intend this proposal to back door in the grabbing of your pussy-cats. And let us hope that we would never elect such a terrible leader. The author of this proposal likely needs to have a stern talking to with their staffers, but rest assured they are not alt-dog nor are they colluding with the Huskies. With this in mind, I urge proper reconsideration by those nay voters. And let's remember that this is a lesson that we should take more time to read all proposals before us... especially our own."

[Wallenburg]

Ogenbond slinks back in his chair, knowing not what to say to such a performance. He looks at his glass of water, and then to his aide.

"Are you seeing this? Did you slip something into my drink?"

"I am seeing this too, sir," responds the aide, similarly dumbfounded.

[Yohannes]

Her Excellency Elisa Wake dropped her cellphone. “Am I dreaming...”, she shook her head and closed her eyes. “Am I dreaming...”, she opened her eyes.

“I am not dreaming.”

3,357 For; 12,180 Against. The NatSov... they are not so yesterday, after all.

[Nau States]

Prophet-King Rattlesmith (PhD, DDS, esq., ect.) started to speak, but wisely decided against it. After all, who knew what he might say if he was truly hallucinating this badly?

[Kowani]

Her Excellency Elisa Wake dropped her cellphone. “Am I dreaming...”, she shook her head and closed her eyes. “Am I dreaming...”, she opened her eyes.

“I am not dreaming.”

3,357 For; 12,180 Against. The NatSov... they are not so yesterday, after all.

“You’d think that after they crawled out of the woodwork to shut down IA’s last bill, you’d have realized that, but no. Apparently, we need to see a lesson twice in order to learn it. Although, Ambassador, if it makes you feel better, I expected that they would actually listen to the arguments and realize that it’s just a fucking letter. Not exactly a Herculean task, now is it?

[Xanthal]

You’d think that after they crawled out of the woodwork to shut down IA’s last bill, you’d have realized that, but no. Apparently, we need to see a lesson twice in order to learn it. Although, Ambassador, if it makes you feel better, I expected that they would actually listen to the arguments and realize that it’s just a fucking letter. Not exactly a Herculean task, now is it?

I suppose it's the principle of the thing. Don't get me started on the whole death penalty thing though; the Kennyites still think I'm holding a grudge against them over the General Fund.

[Cosmopolitan borovan]

I don't think they voted against solely on national sovereignty

It might be its not an important issue and a few nations are angry preventing execution of innocent got passed and that this is better handled by a national level

[Wallenburg]

Her Excellency Elisa Wake dropped her cellphone. “Am I dreaming...”, she shook her head and closed her eyes. “Am I dreaming...”, she opened her eyes.

“I am not dreaming.”

3,357 For; 12,180 Against. The NatSov... they are not so yesterday, after all.

It has nothing to do with national sovereignty. A bunch of superdelegates stomped it for various bad reasons and dragged a lemming train behind them to finish the job.

[Yohannes]

“Wheher national sovereignty or super delegates and lemming votes, still very unfortunate. Feels sad man jpg.”

[Xvraks]

*Captain in Chief Xaphan looks over the bill, nodding slowly, then snorts, Hawks, spits on the paper, crumbles it, and promptly throws it into his incinerator*

This is a matter that should remain in the hands of individual nations, and per International dealings should be discussed between the two nations in due process.

Seriously? Throwing in the “bargaining position” clause at the end. Knowing full and well that it would immediately fail. I fear, my good delegate, you have done nothing more than insult the intelligence of the countries here in the World Assembly.

Opposed.

[Separatist Peoples]

*Captain in Chief Xaphan looks over the bill, nodding slowly, then snorts, Hawks, spits on the paper, crumbles it, and promptly throws it into his incinerator*

This is a matter that should remain in the hands of individual nations, and per International dealings should be discussed between the two nations in due process.

Seriously? Throwing in the “bargaining position” clause at the end. Knowing full and well that it would immediately fail. I fear, my good delegate, you have done nothing more than insult the intelligence of the countries here in the World Assembly.

Opposed.

"Ambassador, did you bother checking the difference between what is at vote and the draft here? Clearly not."

[Xvraks]

*Captain in Chief Xaphan looks over the bill, nodding slowly, then snorts, Hawks, spits on the paper, crumbles it, and promptly throws it into his incinerator*

This is a matter that should remain in the hands of individual nations, and per International dealings should be discussed between the two nations in due process.

Seriously? Throwing in the “bargaining position” clause at the end. Knowing full and well that it would immediately fail. I fear, my good delegate, you have done nothing more than insult the intelligence of the countries here in the World Assembly.

Opposed.

"Ambassador, did you bother checking the difference between what is at vote and the draft here? Clearly not."

“The entire idea is asinine Ambassador. I see the differences here and what is at vote, was merely pointing out that it was far too asinine to throw in something so idiotic. The updated at vote draft is no better. Maybe instead of assuming someone didn’t read it, ambassador, you should keep your seat and mouth to yourself.”

[Separatist Peoples]

"Ambassador, did you bother checking the difference between what is at vote and the draft here? Clearly not."

“The entire idea is asinine Ambassador. I see the differences here and what is at vote, was merely pointing out that it was far too asinine to throw in something so idiotic. The updated at vote draft is no better. Maybe instead of assuming someone didn’t read it, ambassador, you should keep your seat and mouth to yourself.”

"Big words for an ambassador who couldn't tell the difference between a draft and the submitted product. If you want to leave this to individual member states to work out, how do you plan to combat the harm to your business interests when your businesses are constantly subject to judgments in absentia to which they are unable to respond? Seems like you're pretty willing to throw away protections against abusive litigation on a whim."

[Xvraks]

"Big words for an ambassador who couldn't tell the difference between a draft and the submitted product. If you want to leave this to individual member states to work out, how do you plan to combat the harm to your business interests when your businesses are constantly subject to judgments in absentia to which they are unable to respond? Seems like you're pretty willing to throw away protections against abusive litigation on a whim."[/quote]


Again you make assumptions, but as you’ve already shown you are half of what makes assumptions I’ll leave it be.

Businesses in xvraks stand on their own feet, it is their responsibility to know what is happening to their business in other nations and deal with it accordingly. They are responsible for knowing that nation’s laws, practices, customs, and due process. At the same time we do not allow other nations to pass judgement on a business that practices solely in Xvraks, and will not enforce any judgmental claim that comes from another nation without merit.

Again this is an issue that should be left to each individual nation and their feelings on how the businesses that are headquartered in their nation is treated by outside governing parties. It does not change my opposition to the vote which seems to be the general consensus of the majority vote. So I will say again, you would do well to keep your seat exactly where it is.