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The International Arbitration Court [IC, MT, Open]

Where nations come together and discuss matters of varying degrees of importance. [In character]
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Libraria and Ausitoria
Negotiator
 
Posts: 7099
Founded: May 30, 2011
Ex-Nation

The International Arbitration Court [IC, MT, Open]

Postby Libraria and Ausitoria » Sun Dec 24, 2017 5:56 am

Please note the initially inspiring context of events outlined here. Some context and comparison should also be drawn from the sadly defunct ICPPO (the International Criminal Police and Peacekeeping Organization), and, while I do not know whether this court will develop in that direction, I should acknowledge both the excellent work of TBRE in trying to push forwards international law there and also some element of inspiration here from our activities together in the ICPPO some years ago.

International Law, as any of you who have studied it will know, is a complicated business open to wide interpretations, particularly nowadays IRL with the international rules-based order under some strain. As Nationstates mirrors RL with semi-controlled differences, and as I think it therefore interesting to analyze affairs here, this is the Commonwealth's attempt to work out what they think International Law is, and to apply it, and it is also a chance for everybody else to push forwards their interpretations to shape the views of this court and indeed to find some consensus of international law. Currently international law in nationstates is, relatively speaking, very much a free-for-all with occasional WA input. I shall be taking a great personal interest in how this develops and hope participants will find it equally interesting.

Those who do wish to take part in this Court should note that I will show little mercy for those who do not have, or rapidly pick up, some elementary knowledge of law or diplomacy (e.g. R2P) - I do not have time these days for uninformed discussion. And those who do not wish to take part in this Court should note that they will be affected anyway, inasmuch as it determines whether they get international aid from the Commonwealth.

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Introduction

The International Arbitration Court is (seemingly) the World’s first multi-regional Court for assessing and assigning damages between nations. [Corrections appreciated.]

Set up during the Sea of Juarez Incident when Ausitoria realized taking compensation for SACTO’s damages to international trade was more economically efficient than going to war, the Court, with recognized jurisdiction in The International Commonwealth and the Decis & Panessos Regional Governments, has the automatic binding power to award and transfer damages of currently up to $1000 per person in nations, if they are found liable. It also has the non-binding power to assess but not award higher damages. This money comes from earmarked aid from the past, present, and future.

Submissions for Arbitration

Submissions applying for arbitration should take the following form:

1. A statement of the background, clearly differentiating between agreed subject matter and points of contention, and stating any mere opinion(s) as such; and

2. A request, including any questions to be settled in law.

Code: Select all
Statement of (i) facts and (ii) opinions:
Request (inc. any questions to be settled in law):


The International Arbitration Court also reserves the right to judge cases on its own initiative.

Process

Parties charged for damages will be notified and invited to make their own submissions as they like, other parties may also issue observations and submissions. However please note agreement by the party charged for damages to submit to this arbitration is NOT required.

Only nations and collections of nations may be charged for damages. However if a private or corporate person within a nation cannot be properly charged due to the inability or obstruction of that nation or collection; the nation(s) are liable. However to the extent that the nation(s) pursue or allow the pursuit of the person(s) properly their liability is diminished.

Note that damages shall be shared between the damager and the damaged to the extent that a reasonable error was committed. Malicious damagers may have full liability for damages. Please note larger organizations should be better run.

Note that it may take up to about 120 years for the damages to be finalized due to the extreme present difficulties of modelling economies. However the Court will from time to time estimate the lowest possible damages and grant advances on this basis. When the difference between the lowest and highest possible damages equals twice the cost of any further calculations, the Court will regard its allocation of damages as complete.

Please note the reputations of nations are extremely valuable. As such libelous defamatory slander may result in extreme damages. Commentators would be well advised to take great care.

Hiring

The International Court is also inviting expressions of interest from international judges and lawyers who wish to work in this fast-developing area of international law. These should take the form of a legal argument for why you should be hired, and/or an argument on any aspect(s) of international law that you feel needs to be clarified.



Structure of the Court

Humanitarian & War Circuit


This Circuit addresses national liability and damages caused by political murder, crimes against persons in war, and prejudiced damages during war to persons and property.

Intellectual Property Circuit

This Circuit addresses national liability and damages for infringement and theft of intellectual property, including patents, copyright, registered and unregistered designs, trademarks, trade secrets, and other sui generis rights.

Diplomatic Circuit

This Circuit addresses national liability and damages to trade through other nations perpetrating tariffs, embargoes, and blockades; damages to international defence and the balance of power; and other prejudiced diplomacy not covered by any other Circuit. It also determines liability for slanderous damages to reputations by nations.

Civilian Circuit

This Circuit addresses whether and what national liability results from the actions of private or corporate persons.

Environmental Circuit

This Circuit addresses national liability and damages to the cross border environment in air, land, water, and space; and with regard to pollution, damages to natural bodies, and global warming.

Fraud and Libel Circuit

This Circuit addresses damages resulting from deceptive communications by nations or persons, whether in the form of consumer fraud, biased reporting, and misleading presentation of information.

Appeals Circuit

Accepts appeals from Circuits.

Supreme Court

May step in to clarify matters of international law and interpretation.

Court of Public Opinion

Outside our control, may be considered persuasive.
Last edited by Libraria and Ausitoria on Fri Jun 01, 2018 4:09 pm, edited 2 times in total.
The Aestorian Commonwealth - Pax Prosperitas - Gloria in Maere - (Factbook)

Disclaimer: Notwithstanding any mention of their nations, Ausitoria and its canon does not exist nor impact the canon of many IFC & SACTO & closed-region nations; and it is harassment to presume it does. However in accordance with my open-door policy the converse does not apply: they still impact Ausitoria's canon.
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User avatar
Libraria and Ausitoria
Negotiator
 
Posts: 7099
Founded: May 30, 2011
Ex-Nation

Postby Libraria and Ausitoria » Sun Dec 24, 2017 5:57 am

[Reserved]

User avatar
Libraria and Ausitoria
Negotiator
 
Posts: 7099
Founded: May 30, 2011
Ex-Nation

Postby Libraria and Ausitoria » Sun Dec 24, 2017 5:57 am

[Reserved]

User avatar
Libraria and Ausitoria
Negotiator
 
Posts: 7099
Founded: May 30, 2011
Ex-Nation

Postby Libraria and Ausitoria » Sun Dec 24, 2017 5:58 am

[Reserved. That should do it.]
The Aestorian Commonwealth - Pax Prosperitas - Gloria in Maere - (Factbook)

Disclaimer: Notwithstanding any mention of their nations, Ausitoria and its canon does not exist nor impact the canon of many IFC & SACTO & closed-region nations; and it is harassment to presume it does. However in accordance with my open-door policy the converse does not apply: they still impact Ausitoria's canon.
○ Commonwealth Capital (Bank) ○ ○ Commonwealth Connect (Bank Treaty) ○ ○ SeaScape (Shipping & Energy) ○
(██████████████████████████████║║◙█[Θ]█]◙◙◙◙◙[█]

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New Doltania
Diplomat
 
Posts: 580
Founded: Oct 26, 2017
Ex-Nation

Submission to the Humanitarian and War Circuit

Postby New Doltania » Sun Dec 24, 2017 6:40 am

Statement: Javin Andasid, aged 56, was the commander of the Cossak National Republic in Dubrovnik, Cossaktal, when the city was liberated from rebel control by New Doltanian Government soldiers working in the name of the Cossak Government. Fifty Albanian civilians were found dead in a barracks in the city. This is all agreed, but New Doltania is lead to believe that Andasid ordered their execution by firing squad just because they were Albanian, as well as starving 124 others to near death in prisons around the city. However, Andasid denies this.

New Doltania requests that the Court settles this, and carries our appropriate imprisonment or releasing as it sees fit.
Sporting Achievements: Champions of the 1st De International Football Tournament
Hosting: Co-hosted Indian Champions League with Azadeshia

User avatar
Libraria and Ausitoria
Negotiator
 
Posts: 7099
Founded: May 30, 2011
Ex-Nation

Postby Libraria and Ausitoria » Sun Dec 24, 2017 1:38 pm

In reply to the New Doltanian submission to the Humanitarian &
War Circuit

Invitation for Submissions & Observations by Parties participating and observing the Cossak Civil War


Dear Observers,

We have received a request from the New Doltanian Government to determine if Javin Andasid, an employee of the Cossak National Republic, arranged the prejudicial execution of Albanians, and to carry out imprisonment if appropriate.

The Court has decided to consider the following questions:

1. Did a person employed by the Cossak National Republic arrange the execution of these civilians?
2. If the answer to the first question is yes, to what extent was this contrary to international law?
3. If the answer to the second question is more than none, where does liability lie?
4. If the answer to the third question can be determined, what damages should be awarded?

The Humanitarian & War Circuit, acting for the International Arbitration Court, will consider these questions, and will invite participants to send their own legal teams if they would prefer. Note these questions will be considered in the following order: Questions of Fact (question one), Questions of Law (question 2), Assessment of Liability (three) and Calculation of Damages (four). We note the later stages may be dismissed by the Court if no wrongdoing or liability is established. In accordance with normal procedure, the fourth stage, if applied, will be technically calculated, and will, in the first instance, be subtracted from aid otherwise earmarked for those nations as an alternative to more forcible methods of asset seizure, especially as it may take some decades or even centuries to pin down the calculation.

We would also invite observations from the respected humanitarians in Avrellon, currently known to be closely observing the conflict, to clarify their opinion on the above questions.

We have the honour to remain, &c.
The Aestorian Commonwealth - Pax Prosperitas - Gloria in Maere - (Factbook)

Disclaimer: Notwithstanding any mention of their nations, Ausitoria and its canon does not exist nor impact the canon of many IFC & SACTO & closed-region nations; and it is harassment to presume it does. However in accordance with my open-door policy the converse does not apply: they still impact Ausitoria's canon.
○ Commonwealth Capital (Bank) ○ ○ Commonwealth Connect (Bank Treaty) ○ ○ SeaScape (Shipping & Energy) ○
(██████████████████████████████║║◙█[Θ]█]◙◙◙◙◙[█]

User avatar
Libraria and Ausitoria
Negotiator
 
Posts: 7099
Founded: May 30, 2011
Ex-Nation

Postby Libraria and Ausitoria » Mon Feb 19, 2018 1:54 am

[OOC: In the complete absence of return contact with any of the other parties regarding the above incident, as of now, I'm afraid there is nothing more I can RP, as of now.]
The Aestorian Commonwealth - Pax Prosperitas - Gloria in Maere - (Factbook)

Disclaimer: Notwithstanding any mention of their nations, Ausitoria and its canon does not exist nor impact the canon of many IFC & SACTO & closed-region nations; and it is harassment to presume it does. However in accordance with my open-door policy the converse does not apply: they still impact Ausitoria's canon.
○ Commonwealth Capital (Bank) ○ ○ Commonwealth Connect (Bank Treaty) ○ ○ SeaScape (Shipping & Energy) ○
(██████████████████████████████║║◙█[Θ]█]◙◙◙◙◙[█]

User avatar
Azadistan-land of the free
Ambassador
 
Posts: 1552
Founded: May 01, 2018
Ex-Nation

An Azadistani lawyer arrives

Postby Azadistan-land of the free » Sat Jun 02, 2018 12:33 am

Aisha Khan:I would like to pursue damages against Atemkemri,Munkchester and Aresin.

Munkchester: aggression, genocide(as the reason for the agression was based on stretoypes of Muslims that were repeated ad nauseum),killing a wounded man(their insurgents were not prevented by the responsible Munkchesterian Government from stabbed and trampling a wooded captain to death) and mutilating a corpse(Sultan Ahmed's corpse was beheaded and the HES displayed at the Eastgate). The aggression lead to the deaths of able soldiers meaning that as a good government we were responsible for supporting their families and new officers had to be appointed at costs adding up to £50 million. It also lead to Azadistani civilians being butchered causing psychological damage to the nation a a whole.
Atemkemri: aggression. during their aggressive war they bombed our docks,killing officers and sailors and imposing over 1 billion pounds of costs in hiring new officers,rebuilding the docks and defending our nation. They were also the first nation to attack us imposing on us the costs of the other invaders.
Aresin:committed agression and genocide by occupying our nation, they also took lands in the desert and turned away an evacuee convoy from "their" land.


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