[IC] [TWI-Only] The League of TWI (Assembly)

[The League of TWI]

"The period of voting for Resolution No. 24 has elapsed. Results of the voting is as follows,

VOTING FOR THE RESOLUTION:

1. The United Republics of Dormill and Stiura
2. The United Partitions of Salimanasia
3. The Union of Thromsa

VOTING AGAINST THE RESOLUTION

1. The Utopian Kingdom of the Union of Roendavarian States
2. The Unified Electorates of Ainslie
3. The State of Jeriga
4. The Republic of Scaedia
5. The Commonwealth of Hyukai
6. The Kingdom of Havalland
7. The Domination of Wellsia
8. The Principality of Yursea
9. The Estral Republic of Aizcona
10. The Republic of San Montagna
11. The Elective Kingdom of Ioudaia
12. The United Queendoms of Belantica
13. The Dominion of Nhoor

ABSTAINING

1. The Federal Republic of Uprea
2. The United Republic of Solaryia

With 3 voting FOR the resolution and 13 voting AGAINST the resolution, with 2 abstentions, it is hereby declared that Resolution No. 24, Dissolution of the League of The Western Isles, FAILS TO PASS."

[Ainslie]

"The Unified Electorates has eagerly been observing the events of the arbitration process which has determined the rights and duties of parties in their dealings with Sunset Isle. We are pleased with the outcome and we would suggest that this Chamber would wish to affirm the decision made by the arbitrators, which marks the conclusion of the arbitration process for the two States. Accordingly, we humbly submit this resolution for debate, adjustment and adoption by this League. We hope that it improves the standing and enforceability of the findings of the arbitrators and marks a precedent for how States can resolve their disputes in a way which strengthens the international rules-based order."

RESOLUTION 25
A resolution to affirm and uphold the decision of the arbitrators with regards to the management of Sunset Isle and related encroachment upon it.

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Aware of the benefits that arbitration can have vis a vis with dispute resolution by way of International Courts,
Cogniscant of the recent successful arbitration between the Republic of Laeden and the Republic of Martenyika,
Encouraged by the precedent that it sets for the usage of international law as a way to avoid the usage of force,
Determined to ensure the enforceability and enduring peace that the arrangements made possible by this arbitration will have,
Steadfast in its support of the self-determination rights that the Akari people of the Sunset Isle have been determined to have,

The League of The Western Isles hereby;

1. Commends the Republic of Laeden and the Republic of Martenyika on their good faith engagement with the arbitration process and acknowledges it as an example of their commitment to the international rules-based order.
2. Recognises and binds the parties to the arbitration process to their obligations as outlined in the unanimous judgment of the honourable arbitrators.
3. Commends the arbitrators for their diligent and wise judgment in the interests of international law and that of the self-determination rights of the Akari people.
4. In accordance with the opinion of the arbitrators, acknowledges the self-determination rights of the Akari people of Sunset Isle and recognises that they are of a nature that must be respected despite their society lacking the necessary qualities of statehood.
5. Affirms the exclusion zones outlined by the arbitrators in their joint judgment and demands that all members of this League comply with the requirements as set in the judgment and work cooperatively to uphold them.
6. Encourages the Republic of Laeden and the Republic of Martenyika to act in good faith in their dealings with the International Parks and Nature Organisation at least to the extent of ensuring the efficient and orderly administration of Sunset Isle.
7. Acknowledges the benefits of the process of arbitration, including its flexibility, and applauds the role it can have within the wider context of the international dispute resolution system, with the International Court of Justice as its focal point.

Introduced to the League by the Unified Electorates of Ainslie on August 25, 2022.

Under consideration by the League, with no declarations in support, or against or abstaining.

[Jeriga]

"Jeriga has had many issues with natives of this sort before. We tried to protect them and their island from outside sources, but people continuously went there, involuntarily and voluntarily. The question that faced us in the face of these murders was this: should a native group be absolved of murder simply because they are native? We determined the answer was no. We treated them as Jeriga has always treated violent cults of sovereigntists and dealt with the issue.

However, the presence of natives is not the true issue in this case. In this case, we are discussing the legitimization of a peaceful arbitration by three powers and that arbitration's ruling. This arbitration would, in the past, assign Uprea, Thromsa, and Solaryia to become guarantors of the agreement. That is, they would enforce the agreement reached by their judges. However, there are many times in history that one guarantor becomes less interested, another less powerful, and another more interested in acting as the participants had.

By passing this resolution, the League will itself become the Guarantor. If this agreement is violated by either party, then it will be the League that must intervene. Only if the League consents could this ruling be changed, amended, or tossed. Thus, it is in the international community's interest to pass this resolution regardless of any individual nation's interest in the isles themselves.

Moreover, arbitration, having proved so effective in this case which would have otherwise meant a devastating war between two great powers, should be used as a tool of the League in the future.

As such, Jeriga will support this resolution."

[Thromsa]

"The Union of Thromsa commends the recognition by this League of the importance of peaceful mechanisms to international disputes. Not only does the Union commend the Parties at hand, the Republic of Martenyika and the Republic of Laeden, for attempting to resolve their dispute under arbitration, and expects the decision by the arbitrators to be fully complied by the Parties, but also commends the work by the three arbitrators, Presiding Judge Sanni Karlevsi, and Judges Felipe Mendoca and Margaret Sokołowski; and the International Parks and Nature Organisation on its work.

The Union of Thromsa commends, as well, the esteemed delegation from Ainslie, for bringing this matter on this chamber, recognising that the future of the decision by the Arbitrators requires the support of this League for the full and efficient operation of the International Maritime Court for the Sunset Isle, created by the decision, and awaiting its entrance of service, that shall have jurisdiction for any maritime and criminal disputes arising from the area, as decided.

We still await the work that is to be done in regards with the decision, and, as having nominated an arbitrator to compose the Court, the Union of Thromsa recognises its international obligation to maintain the decision, and to fulfil it in all its forms, and will work with the Parties, the remaining Judges and IPNO, and, if this Resolution does pass, with the League, on defending the rights of the Akari people, as well as the interests of the Parties, as recognised and limited by the decision.

With that, I inform that the Union of Thromsa fully supports the present Resolution and will be voting in favour when the time of voting arises."

[Uprea]

Uprean Ambassador Bruno Mascarenhas got up from his seat and leaned forward slightly to speak into the microphone.

"Uprea, as one of the nations involved in the arbitration process, can only encourage and support this resolution. The hope, to resolve future issues between nations in the form of a peaceful arbitration process, is more than enough motivation to vote in favor of this resolution.
To commend this form of conflict resolution is the best way to move in that direction. As correctly pointed out by the honorable delegate from Jeriga, the possibility of the League itself also becoming a Guarantor also further ensures the fulfillment of each parties obligations, laid upon them in the courts verdict. As stated before, this contributes to the power of the courts verdict and binds the parties.

We find this to be an excellent resolution and are hopeful that this is a door opening for arbitration processes to become a more popular solution possibility for international conflicts. Uprea will support this resolution."

[Ioudaia]

Representative Asteria bat Nitza looked up from the arbitration decision attached to the proposed resolution, which she had been studying intently. "The government of Ioudaia will have to study the decision this Resolution refers to. At first glance, it appears troubling.

"The arbitrator begins by saying that the Akari people 'must be protected above all', acknowledges the League's affirmation of their human rights, and then admits this decision is being imposed upon them in absentia. This is, to say the very least, an extremely irregular legal proceeding!

"The Akari's human rights, however, are apparently being circumscribed by them not being a 'proper nation state'. What is a 'proper nation state'? The Akari appear to be an ethnic group, which makes them a nation, and, barring some further evidence being brought to light, appear to be isolated and self-governing, making them a state. Thus, at first glance, they are as much a nation state as any of our countries.

"Does the League define 'proper nation state'? Has it imposed such a test upon any of its members? If not, on what basis then does the League exclude the Akari from being one, which would be the clear implication of the League endorsing this decision?"

Asteria shook her head. "Until Ioudaia studies this supposed arbitration and the issues it raises, Ioudaia firmly opposes this Resolution and strongly urges other League members do the same."

[Jeriga]

"Do you want to give them the legal training needed to even begin to advocate for their rights? I'm sure they'll treat you better than the last few they left with arrows sticking out of them. I think it's best we attempt to protect them and our own people by ruling in favor of their independence. Plus, the ruling wasn't about them. Nothing is about them. They're just a moral question.

Just be happy that thousands aren't dying in a war over a few islands, delegate."

[San Jimenez]

Turning to the Jerigan delegate, the Jimenean delegate Ashton Villa spoke up, "I assume you're not trying to paint the Ioudaian delegation as opponents of the arbitration process because of a raised concern? Or that they would rather have, as you put, 'thousands dying in a war'. If we simply ignore the implications of certain decisions for the sole purpose of encouraging the arbitration process then we would be doing a disservice to the process as a whole and the benefits it can produce."

"With the concern expressed by Representative Nitza, San Jimenez will neither support nor oppose this resolution until some clarification can be provided in regards to the League's definition of a proper nation-state."

[Jeriga]

"I will paint them as so because it is so. We cannot summon the Askari and we cannot trust that, if summoned, they would be able to tell us what they want. No matter what clarification is produced, the issue will be the same: we, as modern powers, must place on ourselves the limits which we believe should not be exceeded. This arbitration did that for the concerned powers. As I said before, if you wish for the League or the arbiters to summon them, then you will have to do so by force.

It is much simpler to rule upon our limits in our dealings with them than to try and force upon the Askari a litany of rights and philosophies that they, given four decades, could not understand as a society. This arbitration lets them be and that is the only option that is practical and morally sound."

[Suvurnia]

Muhammad bin Afif sat in his chair, uninterested in the debates, and dreamed about rendang.

[Scaedia]

Ambassador Nejmud Alpaa cleared his throat then politely leaned into his microphone.

"The Republic of Scaedia believes that the arbitration efforts of the nations involved in this recent crisis are worthy of praise. The Republic believes that this is yet another triumph for modern diplomacy that the land of the Akari did not become a new flashpoint for a war. That being said, we believe that the concerns raised by the representative from Ioudaia deserve some thought. The story of the Akari is not a new one by any means, it is one that has been told many times before. Larger and stronger powers who have granted themselves permission to decide the fate of smaller, weaker groups because they are not 'civilized' enough or are too 'tribal and violent' to know what is best. Oh the language we use to discuss this has changed indeed, but the meaning is the same. The age of colonialism and imperialism may seem to have ended a century ago, yet we sit and have the same discussions."

"To echo the honorable delegation of Ioudaia, what members present in the league today can say they've had their legitimacy as a nationstate questioned in the same manner the Akari are?"

[Martenyika]

Augustin Izasso leaned forward in his chair and devoted his attention to Representative Asteria bat Nitza from Ioudaia as she began to outline her questions and concerns. Gently nodding a few times, he grabbed a piece of paper and began writing out notes. However after a period of writing, occasionally broken up by the input of other delegates, he relaxed a bit, choosing not to speak just yet.

[Costavozka]

Mark Costava- the Costavozkan Ambassador to the Leage of TWI and the World Assembly- listened carefully to the ongoing debate, for every word could bring a point previously unheard to the discussion. At last, he scooted his microphone closer to his seat and stood.

"The People's Republic of Costavozka notes the concerns of Ioudaia, San Jimenez, and Scaedia, with regards to the questions of the sovereignty of the Askari. However, as stated by the Jergian delegate, 'We cannot summon the Askari and we cannot trust that, if summoned, they would be able to tell us what they want.', so therefore, it is- from the point of view of Costavozka- that we must limit ourselves in order to protect the Askari people. It would also be a terrible turn of events, should war break between two major powers within the isles over these islands that the Askari inhabit. I believe on those notes, we all agree, yes? Therefore- from the point of view of Costavozka- it is in our best interests- and the interests of the Askari- that the decision of the arbitrators be upheld and enforced to ensure the survival of the Askari people and their culture. We- the People's Republic of Costavozka- propose that the debate over the sovereignty of the Askari should be made separate- with a determination on that held at a later date- and advise member nations to vote in approval of this resolution. As such, Costavozka intends to vote for this resolution, should it be put to vote."

[Scaedia]

Ambassador Alpaa nodded as Mark Costava finished speaking.

"The Republic of Scaedia agrees with the notion of discussing sovereignty at a later date. The Republic will support this resolution if it comes to a vote but with the hope that we have the opportunity to cooperate with other nations on better defining the League's stance on what a 'proper' nationstate looks like."

[Ainslie]

"We are amenable to the suggestions of the Scaedic delegation, though we believe that the best mechanism for that sort of debate to take place would be by way of an Advisory Opinion delivered by the International Court of Justice."

[The Canuerines]

deleted

[Ioudaia]

As the Jerigan delegate spoke, an aide quick-stepped his way up to Asteria and laid a dossier out for her to look at. He kept trying summarize its contents for her, but she held up her fingers for silence as the other delegates spoke.

During the brief break after the Ahnslen delegate addressed the League, the aide pointed out a number of things in the dossier, while whispering quickly to Asteria. As he did, her expression changed to confusion and then consternation. Eventually, the aide finished his explanation, Asteria nodded to him, and he waited attentively by her side as she turned back to her microphone.

"Ioudaia thanks San Jimenez for its support, and supports Ainslie's call for an opinion from the Court. But it appears that there are other unresolved issues before us concerning this arbitration and the Resolution to affirm it.

"Both the arbitrators and the League acknowledge and affirm the Akari's human rights. By extension, it would seem that the residents of other unrecognized or unorganized territories have human rights as well, although this appears to have never been formally established as a matter of international law.

"Nor does it seem that the League or the Court has enumerated those human rights. In specific, do the the Akari and other residents of unrecognized territories have a basic right of property; that is, absent any suitable cause, their property may not be seized by foreign persons or nations? This appears not to be clear from prior League Resolution nor the opinions of the Court.

"And if they have a right of property, do they have a collective right of property, in specific, should they have an economic exclusion zone around their territory, just as recognized states do? This gets to the crux of the matter. The arbitrators may lack legal authority to allocate economic rights around Sunset Isle, making their ruling void. Further, there are other islands between both Martenyika and Laeden. It would seem that their inhabitants may also have property rights in the area, even if their governments are unrecognized. But instead of solid legal ground, we find an absence of any consideration of the matter, leaving only open questions."

"Ioudaia believes the answer to all of these questions is yes. Yes, all people in the Western Isles have human rights, those rights include a basic right of property, and yes, those property rights extend to an EEZ.

"However, as there appears to be no legal decision on the matter recognized by the League, Ioudaia requests that debate on the current resolution be deferred, pending a decision by the International Court of Justice."

[Uprea]

"Com liscenca, honorable Representive Asteria from Ioudaia, but I believe indeed the Court has manifested an answer to all of your questions in his verdict.

You ask yourself the question if other inhabited unrecognized islands have human, or just in general, rights to call upon. The court has clearly defined in his verdict, what is necessary for an inhabited island to be recognized as a civilization and then furthermore also explained what sets apart the Akari civilization from a proper nation-state.
In doing so, the Court then also defined what is necessary for a previously unknown group of people to become known as a civilization. These points were summarized by uprean Judge Felipe Mendoza. Of course, that does not make it international law, but it becomes a pillar for future legislators to rely upon and it is one more step into the direction of actually formalizing it into international law in the first place. In this matter, the Akari people where in fact granted rights after recognizing them as a civilization.
I understand your concern, that we might be looking at more civilizations without knowing it and perhaps it is time to see if such are in fact to be defined as such. However, before any of such debatable civilizations are involved in a dispute like the Sunset Isle, I dont see a point in doing so. Clearly defining each and every one of them, before it becomes relevant, might even carry the risk of the civilization developing further over time, and when we get to a case where the rights of the civilization are at question, we might rely on outdated information.

Secondly it is my belief that the Court did in fact specify whether the Akari do have a basic right of property. By defining them as a civilization, the court manifested and acknowledged the Akaris territory. As such the island remains "property" of the Akari, as well as further established maritime exclusion zones to protect the territory of the Akari. Laying the right to interfere in the hands of the members of the court, while seeming unfair, makes sense since the Akari are unable to represent themselves in front of the international community. The Court is obligated to decide in the best favor of the Akari, should such a case arise, since they have been recognized as a civilization and are since worthy of its protection.

Thirdly regarding the legal authority of the arbitrators. Both Laeden and Martenyika agreed to the arbitration process. In accordance with international rules, an arbitration process agreed upon by two nations is to be recognized by any court as well as have final say in the agreed upon matter. If we don't allow for such standards, what good does arbitration do? and also why wouldn't we allow for such, if the alternative is either direct confrontation or an actual court ruling by the International Court of Justice, which would, if you really think about it, just be the same process but with the judges being from random locations.

Finally, regarding the verdict itself. Of course, any nation is entitled to have an opinion over the verdict. You might find it too harsh, just right or wrong entirely. Thats why any nation affected by the arbitration may sue against this verdict. Notice however the expression "affected". Like in any law system, one needs to be affected by a verdict in order to sue against such. Otherwise, you can simply just not agree with it, the fact of the matter however remains, that you need to accept it. In this matter before the League, Ioudaia is naturally also entitled to vote against such, as a way of disagreeing with the verdict."

[Ainslie]

"We understand and sympathise with the Ioudaian delegation's concerns about this resolution. We hope that a decision from the Court of Justice will clarify points and prevent confusion. As such, we are willing to withdraw the resolution if the Ioudaians pose a set of questions for the Court to answer. After that, I am certain the ICJ will consider the merits of the possession they have expressed and rule accordingly with respect to international norms, laws and conventions. Duly, in respect to the international tribunal's role as an overseer of dispute resolution in the Isles, we will shelve the resolution until they deliver their findings."

[Ioudaia]

Asteria gave the Ahnslen delegate a puzzled look. "I believe we have just done that. However, for the sake of clarity, these are the questions Ioudaia would like the court to answer:

"One, do the residents of unrecognized or unorganized territories have human rights?

Two, if they have human rights, do those rights include a basic right of property; that is, absent any suitable cause, their property may not be seized by foreign persons or nations?

"Three, if they have a basic right of property, does that extend to an economic exclusion zone around their territory?

"There is also the matter of what constitutes as 'recognized' or 'legitimate' government, however, if as we expect, the Court finds that all people within the Western Isles have human rights and property rights, the question is moot, and can be deferred."

[Ainslie]

"Ainslie warmly welcomes your nation revealing the questions to this Chamber. We withdraw the resolution at debate, and will now wait for the International Court of Justice's decisions on these questions before revisiting this debate at a later time."

[The League of TWI]

"As the Delegate from Ainslie has withdrawn the resolution at debate, the floor is now open to other matters."

[Martenyika]

"Ladies and Gentlemen of the League, Martenyika has been watching the situation between Rehaajl and East Lankia with great concern; other nations in the vicinity of the Southern Sea must be too. Even their pre-war tensions led to East Lankia inexcusably shooting down a civilian passenger liner travelling from Rehaajl to Martenyika without properly vetting it first. 28 Martenyikans were onboard, and there were many more from across the Isles. Search and Rescue and recovery operations are ongoing but the outbreak of war has made this a more difficult, dangerous task for all involved. It is our hope that the following resolution will bring a quick end to the war, bring the belligerent parties back to the negotiation table, and prevent further collateral damage."

RESOLUTION 26: Promoting peace, safety, and stability in the Southern Sea
Regarding conflict and tension between the Republic of East Lankia and Empire of Rehaajl


Commending both East Lankia and Rehaajl for their initial attempts at peace negotiations,
Saddened by the ultimate outbreak of war between these two nations,
Outraged by avoidable collateral damage to non-combatants as a result of tensions,
Concerned for the safety of civilian travel and commerce in the Southern Sea,
Concerned at the prospect of future conflict,
Pursuant to Article 5 of the Second Charter,


The League hearby resolves to:

1. Strongly condemn the Empire of Rehaajl and its current administration for inciting conflict without reasonably apparent provocation,
2. Condemn specific acts by the Republic of East Lankia, namely the avoidable destruction of a civilian airliner, as the result of disregarding standard protocols for investigating potentially suspicious civilian aircraft.

Introduced to the League by the Republic of Martenyika on October 11, 2022.

[Ainslie]

"The Unified Electorates looks favourably upon this resolution, though we have some initial concerns about the ambition of clause four of the resolution. Whilst we share the same sentiment, we are unsure of how enforceable or feasible such an action is - and if such a provision would require League peacekeepers to step in and ensure peace by force if the resolution is not adhered to.

That aside, Ainslie shall reserve its decision until it has heard more from other parties in the Chamber, particularly our allies and international partners."

[Ioudaia]

Delegate Representative Asteria bat Nitza turned from her Martenyikan counterpart to Ainslie's delegate in order to speak. "Ioudaia agrees with the Ahnslen delegate's reservations. However, without a cease-fire lasting at least until the end of search, rescue, and recovery efforts, we risk compounding tragedy with tragedy, should ships and aircraft performing humanitarian missions be mistaken for hostile and fired upon.

"That said, Ioudaia supports the resolution in its current form. Should the League agree that a ceasefire is required, and vote for enforcing it if necessary, Ioudaia will additionally provide resources for such enforcement, to the extent that the League authorizes."