Glen-Rhodes wrote:I think we both understand this and agree on this.
Well, I think an international court would fit better into the Security Council than the General Assembly... but, other than that minor discrepency (which I feel I should point out considering that we've touched this subject before ~_^) we're definately on the same page so far, Doctor.
Glen-Rhodes wrote:But, the intent does not prohibit us from making an interpretation of the law.
Definately. However, I do not think the definition of a judicial body is open to interpretation. A judicial body dispenses justice. In order to do so you must correct injustices. In order to know what an injustice is we have laws. I do not see how there could be a (legal) judicial ruling on such a matter since the Right of Emigration itself seems to preclude it. Otherwise... while your proposed interpretation would be extremely beneficial here, the Right of Emigration turns into a national sovereignty loophole lovefest.
Everything is open to interpretation, but only where it is strictly necessary. We must take into consideration intentions to make the most logical interpretation. And, more importantly, we mustn't alter our interpretations to fit the next problem, because we've unsolved whatever problem there was before.
Travancore-Cochin wrote:Let me remind my fellow Ambassadors that according to the proposal at vote, the EPARC may recommend imposing travel restrictions, but do not specify what these restrictions may be. Hence, it does not require member nations to waive their citizens' Right of Emigration per se.
Again my arguement will be one of the most logical interpretation. I can agree that your interpretation fits the words (though mine does too,) but the Epidemic Response Act shouldn't MEAN that, because frankly it just wouldn't work. Basically we're talking about a quarantine scenario. Sure... it's true that people aren't allowed to enter a quarantined area (immigration.) But isn't the MOST IMPORTANT truth that those inside aren't allowed out?
Otherwise infected people are free to get on a plane in their country... go overseas, and get deported by a nation not allowing the immigration of infectious persons. But the damage has already been done. Either the Right of Emigration needs to be altered or the Epidemic Response Act needs to be altered... I dare not say which-- but, until such time, this remains illegal in my eyes. It is either ineffective, or it renders the Right of Emigration ineffective.
Mind you, I do not morally disagree that a person should be denied emigration rights because they may carry a contagion, but this is a matter of legality not preference.