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[DRAFT] Maritime Right of Passage

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I Eldalante
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[DRAFT] Maritime Right of Passage

Postby I Eldalante » Sat May 30, 2009 11:57 am

OK, so I was extremely board and decided to have a go at writing a WA resolution. Constructive criticism is always appreciated.

The Word Assembled,
Noting, that many sections of maritime law are not internationally established;
Cognizant, of the need for further work in this area;
Convinced, of the necessity of defining appropriate rights of passage

The World Assembly Hereby:
1. Defines for the purposes of this resolution the following:
A. Internal Waters: as waters that exist solely within a member states, within being defined as being to the landward side of the mean low-tide mark
B. Archipelagic Waters: as waters controlled by an archipelagic nation as defined by a baseline drawn from the outermost points of the outermost islands including all waters that would otherwise be deemed internal
C. Strategic Strait: as a strait connecting two bodies of water wherein the navigable route is partially or entirely within the internal waters of one state or waters that are partially or entirely within the territorial waters of multiple states. For the purposes of this resolution, canals joining to bodies of water where neither body of water is internal are to be treated as strategic straits
D. Right of Free Passage: as the right of ships to pass through a body of water unfettered except as needed to enforce international law
E. Right of Benign Passage: as the right of ships to pass unfettered through a body of water subject to the sovereign control of a state except as necessary to enforce international or local law, which shall apply to a vessel availing itself of this right
F. International Waters: as waters to which no state has any legal claim.
2. Establishes the Right of Free Passage through International Waters
A. If a corridor of International Waters has been established where a state could potentially place a legal claim such a corridor shall be treated as a strategic strait
B. In the event of armed hostilities, belligerent nations are permitted to act accordingly versus vessels of other belligerents
3. Declares that internal waters are not subject to any international regulation, Right of Passage or other such except as to treaty obligations assumed by such a Sovereign State
4. Establishes the Right of Benign Passage through archipelagic waters and strategic straits subject to the following limitations:
A. Vessels capable of operating below the surface of the water shall pass surfaced
B. Military vessels enjoy a diminished right being subject to requirements from the Sovereign authority(ies) to insure that such a vessel does not engage in belligerent or endangering actions while exercising said right
C. All vessels exercising the Right of Benign Passage must at all times fly the national flag of its country of registration
D. This right shall be subject to reasonable restriction and control by the sovereign authority(ies) to preserve orderly traffic flow and safety in the area
E. Canals treated as strategic straits may still be subjected to usual and customary fees for use
F. Nothing in this resolution shall be construed to prohibit the sovereign authority(ies) from connecting to bodies of land except in so much as they must take reasonable efforts not to impair the relevant right of passage


Please note the following:
The current resolution has at lest 3 280 characters already use, so ask for additions wisely or balance them with deletions...
Said dastardly character limit has prevented me from being as explicit as I would like in some places
Last edited by I Eldalante on Sat May 30, 2009 10:46 pm, edited 2 times in total.
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Charlotte Ryberg
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Re: [DRAFT] Maritime Right of Passage

Postby Charlotte Ryberg » Sat May 30, 2009 12:32 pm

Recall: Resolution Number 47


Careful! You cannot amend an existing resolution under WA proposal rules. You will have to repeal Resolution #47 with a good argument before preparing a replacement.

It is probably a good time to draft a good replacement, enough to convince the WA community that your draft it is better than Resolution #47, before considering to repeal the existing resolution and replace it with yours.

Yours,


Sorry, I got that wrong.
Last edited by Charlotte Ryberg on Sat May 30, 2009 12:55 pm, edited 4 times in total.

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I Eldalante
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Re: [DRAFT] Maritime Right of Passage

Postby I Eldalante » Sat May 30, 2009 12:35 pm

To the honorable Ambassador of Charlotte Ryberg:

I would not consider this in any way an amendment. Proposal 47 does not itself touch upon maritime free passage in any way, nor does it in any way reference a framework for such or prohibit any future legislation on the matter.
Ghosts represent the portion of each person's body that is taken away and held in slavery in a firey hell-dimension because of taxation.
Ultimately, their appearance is a futile appeal to the blinded masses to embrace Objectivism.
Will someone not please think of the ghosts?
& Statement by Dumb Ideologies

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Quintessence of Dust
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Re: [DRAFT] Maritime Right of Passage

Postby Quintessence of Dust » Sat May 30, 2009 12:41 pm

Yeah, ignore them.

I like the idea of right of innocent passage (which is what we call it in Quintessence of Dust) and it seems to me this is a very promising proposal. I have a few comments, hopefully with more to follow:

1. Category?

2. There should probably be some concession to searching boats to ensure they are not conducting the activities prohibited.

3. In 4E, I wonder if it might be specified that the fees not be charged in such a way as to act as an import quota, that is, that fees not be charged higher for foreign nations excercising their right of passage.

-- Dr Lois Merrywether
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The fight is long and tough, but together, we can make it. -- José Carlos Mariátegui

Two kinds of pork in one soup? Bring it on. -- Christina Hendricks

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Cobdenia
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Re: [DRAFT] Maritime Right of Passage

Postby Cobdenia » Sat May 30, 2009 12:50 pm

It could do with a bit of work, but there is a good resolution here. You may have a HoC problem with 2A...I can't of a way round it at the moment. Need to do a bit of thinking, but I should be able to come up with a few suggestions.
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Charlotte Ryberg
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Re: [DRAFT] Maritime Right of Passage

Postby Charlotte Ryberg » Sat May 30, 2009 12:55 pm

Many apologies, I have made a mistake on pre-reading this proposal.

This resolution does a have good potential even if it stood on its own, without referring to past resolutions (as in numbers but committees are okay). But it is looking good so far.

I might suggest an independent definition of international waters for the purpose of this resolution only: "International Waters" being an area of sea with no national claim to it.

Yours,
Last edited by Charlotte Ryberg on Sat May 30, 2009 1:08 pm, edited 1 time in total.

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I Eldalante
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Re: [DRAFT] Maritime Right of Passage

Postby I Eldalante » Sat May 30, 2009 10:34 pm

Thank you all for your comments. I apologize for not getting back sooner. (OOC: Work.. Grr...)

QoD:

Category: I really have no clue. In the mythical real world, this would be a function of the Economic and Financial and/or Law committees in the organization-which-shall-not-be-named. In our system, I would say that it is either Political Stability (Mild or Moderate) or Free Trade
(Mild) depending on how one would like to argue it... Any suggestions on that front?

Concession to Searching: Would the definitions I gave of passage not suffice? I think I included in each a statement saying that the right does not apply to a vessel acting contrary to whatever law is applicable. I agree that this should be made clearer, though I'm trying to avoid having to make an exhaustive list of exceptions (as the character limit won't allow it)

4E: Is only meant to apply to canals connecting to major bodies, such as two seas or oceans, not internal waterways. I'm not sure how canal fees for those could be used to act as an import quota/tariff (both of which I think are legal under current WA law anyway, and outside the scope of this issue anyway) unless the port of destination was within the country operating the canal (in which case far more effective measures would exist). Still, I'll revisit the usual and customary wording (universal standard rate?)

Cobdenia: As for the HoC, I see your point. I think I can reword that to not depend explicitly on resolution 47. I also think I'm going to rework the preambulatory clauses to remove all reference to the prior resolution entirely except maybe as to donate some new functions to its committee...

Charlotte Ryberg:

Thanks. I admit, I'm guilty of sometimes judging a proposal solely by its title without really reading or thinking too much about it. If I can do enough reworking to keep myself under the character limit, a definition of international waters for the sole purposes of the current resolution will be put into place.
Ghosts represent the portion of each person's body that is taken away and held in slavery in a firey hell-dimension because of taxation.
Ultimately, their appearance is a futile appeal to the blinded masses to embrace Objectivism.
Will someone not please think of the ghosts?
& Statement by Dumb Ideologies

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I Eldalante
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Re: [DRAFT] Maritime Right of Passage

Postby I Eldalante » Sat May 30, 2009 10:45 pm

Updated draft. Changes in blue.
Ghosts represent the portion of each person's body that is taken away and held in slavery in a firey hell-dimension because of taxation.
Ultimately, their appearance is a futile appeal to the blinded masses to embrace Objectivism.
Will someone not please think of the ghosts?
& Statement by Dumb Ideologies

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Quintessence of Dust
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Re: [DRAFT] Maritime Right of Passage

Postby Quintessence of Dust » Sat May 30, 2009 11:04 pm

I would definitely say Free Trade for category. While you could argue this is a political or civil right, really it seems to be about economic freedom. Probably Mild or Significant.
The fight is long and tough, but together, we can make it. -- José Carlos Mariátegui

Two kinds of pork in one soup? Bring it on. -- Christina Hendricks

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Charlotte Ryberg
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Re: [DRAFT] Maritime Right of Passage

Postby Charlotte Ryberg » Sun May 31, 2009 6:00 am

My opinion is that the effect is going to be quite big because of the increase in tourism once ships are allowed to tour the rivers and seas as well as the trade. I would not say mild, but significant or perhaps strong but let's leave this bit off until the final stages.

It is worth noting in section 4e (where Canals treated as strategic straits may still be subjected to usual and customary fees for use) that the fees should be charged directly to the operator of the ship, and not the passengers whom are merely travelling, but it should still be possible for the operator to pass on the charges to the passengers (indirect fees).

My suggestion:

4e) Canals treated as strategic straits may remain subject to usual and customary fees (due directly by the operator of the vessel) for its use.
Last edited by Charlotte Ryberg on Sun May 31, 2009 2:13 pm, edited 1 time in total.

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I Eldalante
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Re: [DRAFT] Maritime Right of Passage

Postby I Eldalante » Mon Jun 01, 2009 5:59 pm

Charlotte Ryberg wrote:My opinion is that the effect is going to be quite big because of the increase in tourism once ships are allowed to tour the rivers and seas as well as the trade. I would not say mild, but significant or perhaps strong but let's leave this bit off until the final stages.


I'm still not following you there (wouldn'r a river, by definition be an internal waterway?) but yes, perhaps we should refrain from that. I'm working on some updates, should post a revised draft on Wens or Thurs (Eldalantean time). I'm in no rush anyway until the furor around the new categories dies down (too many pages of proposals.. ARGH!!!!!!!! It's like the old UN...)
Ghosts represent the portion of each person's body that is taken away and held in slavery in a firey hell-dimension because of taxation.
Ultimately, their appearance is a futile appeal to the blinded masses to embrace Objectivism.
Will someone not please think of the ghosts?
& Statement by Dumb Ideologies

User avatar
Charlotte Ryberg
The Muse of the Westcountry
 
Posts: 15007
Founded: Mar 14, 2007
Civil Rights Lovefest

Re: [DRAFT] Maritime Right of Passage

Postby Charlotte Ryberg » Tue Jun 02, 2009 12:32 am

Sure, you're welcome to. I can help on the copy editing too so that it reads right as with good resolutions of the past despite the forthcoming exams (OOC).

Yours,
Last edited by Charlotte Ryberg on Tue Jun 02, 2009 12:33 am, edited 1 time in total.


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