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[Legality Challenge] Repeal "Rights of the Quarantined"

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Sciongrad
Minister
 
Posts: 3060
Founded: Mar 11, 2012
Ex-Nation

Postby Sciongrad » Wed Jun 21, 2017 3:22 pm

Wallenburg wrote:The second half of this sentence is false. You may want to correct that, if you can.

It's not. It is illegal to base a repeal argument in any supposed illegality of the original resolution.

This is a bastardization of RNT. The theory asserts that nations will do that what is in their own best interest, not that they will interpret resolutions as they were meant to be written, or as provides for the most harmony between resolutions. You even recognize this:

Reasonable Nation Theory holds that nations will interpret resolutions in such a way that is reasonable given both the language of the resolution and that nation's interests. No reasonable nation would believe that the resolution in question actually requires them to exterminate people. That's as absurd an argument as it is unconvincing, and you should be thankful that your name isn't attached to the argument for all eternity in the annals of WA law.

Yet implicitly dismiss these perfectly selfish nations as "unreasonable".

Nations that want to exterminate people will exterminate people. Nations that don't won't. The argument here that is unconvincing is that any nation would feel as if they're being compelled to exterminate quarantined populations, which is the argument you're making.
Last edited by Sciongrad on Wed Jun 21, 2017 3:28 pm, edited 1 time in total.
Natalia Santos, Plenipotentiary and Permanent Scionite Representative to the World Assembly


Ideological Bulwark #271


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Wallenburg
Postmaster of the Fleet
 
Posts: 22872
Founded: Jan 30, 2015
Democratic Socialists

Postby Wallenburg » Wed Jun 21, 2017 4:23 pm

Sciongrad wrote:
Wallenburg wrote:The second half of this sentence is false. You may want to correct that, if you can.

It's not. It is illegal to base a repeal argument in any supposed illegality of the original resolution.

Please tell me where my proposal says the original resolution is or was illegal. That will be the first of my edits to the new version.
This is a bastardization of RNT. The theory asserts that nations will do that what is in their own best interest, not that they will interpret resolutions as they were meant to be written, or as provides for the most harmony between resolutions. You even recognize this:

Reasonable Nation Theory holds that nations will interpret resolutions in such a way that is reasonable given both the language of the resolution and that nation's interests. No reasonable nation would believe that the resolution in question actually requires them to exterminate people. That's as absurd an argument as it is unconvincing, and you should be thankful that your name isn't attached to the argument for all eternity in the annals of WA law.
Yet implicitly dismiss these perfectly selfish nations as "unreasonable".

Nations that want to exterminate people will exterminate people. Nations that don't won't. The argument here that is unconvincing is that any nation would feel as if they're being compelled to exterminate quarantined populations, which is the argument you're making.

You assume that member states would never use what they interpret as mandates to justify controversial or plain immoral actions. That is not the case. Your assumption that no reasonable nation whose interests align with one possible interpretation of WA law would claim that they only pursue a terrible policy because the WA mandates that they do, is unconvincing.

EDIT: Also, since apparently this did not post earlier:
Sciongrad wrote:
Thyerata wrote:I ask because there has been a backlog recently. Also, what is this delay period? The GenSec procedure envisages no such delay

Yeah, we do admit the delays in getting ruling out lately is pretty inexcusable. We're doing our best to get things out in a timely manner. As for publicly archiving discussion threads: private discussion threads are publicly archived one month after their corresponding ruling is made public. While there is a backlog in publicizing previous threads, that has no bearings on recent rulings like this one.

I am glad to see that GenSec's attitude about its delays is changing. After all, look at this, we got a ruling in just a week and a half for this. Perhaps there is hope for significant improvement in the future.
Last edited by Wallenburg on Wed Jun 21, 2017 4:28 pm, edited 2 times in total.
While she had no regrets about throwing the lever to douse her husband's mistress in molten gold, Blanche did feel a pang of conscience for the innocent bystanders whose proximity had caused them to suffer gilt by association.

King of Snark, Real Piece of Work, Metabolizer of Oxygen, Old Man from The East Pacific, by the Malevolence of Her Infinite Terribleness Catherine Gratwick the Sole and True Claimant to the Bears Armed Vacancy, Protector of the Realm

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Sciongrad
Minister
 
Posts: 3060
Founded: Mar 11, 2012
Ex-Nation

Postby Sciongrad » Wed Jun 21, 2017 4:52 pm

Wallenburg wrote:I am glad to see that GenSec's attitude about its delays is changing. After all, look at this, we got a ruling in just a week and a half for this. Perhaps there is hope for significant improvement in the future.

I mean, delays are not really choices. We try to spend as much time as we can getting rulings out but we do have other things that we need to balance. We'll always try our best but don't expect two day express rulings any time soon.
Natalia Santos, Plenipotentiary and Permanent Scionite Representative to the World Assembly


Ideological Bulwark #271


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Wallenburg
Postmaster of the Fleet
 
Posts: 22872
Founded: Jan 30, 2015
Democratic Socialists

Postby Wallenburg » Wed Jun 21, 2017 5:06 pm

Sciongrad wrote:
Wallenburg wrote:I am glad to see that GenSec's attitude about its delays is changing. After all, look at this, we got a ruling in just a week and a half for this. Perhaps there is hope for significant improvement in the future.

I mean, delays are not really choices.

One week, two week delays are not choices. Two month, three month delays are choices.
We try to spend as much time as we can getting rulings out but we do have other things that we need to balance. We'll always try our best but don't expect two day express rulings any time soon.

I understand that. There will always be a limit to GenSec's abilities, and even if all six of your lives revolved around NS, we still couldn't expect you all to churn out a written ruling faster than many other regulars log in. :)
Last edited by Wallenburg on Wed Jun 21, 2017 5:06 pm, edited 1 time in total.
While she had no regrets about throwing the lever to douse her husband's mistress in molten gold, Blanche did feel a pang of conscience for the innocent bystanders whose proximity had caused them to suffer gilt by association.

King of Snark, Real Piece of Work, Metabolizer of Oxygen, Old Man from The East Pacific, by the Malevolence of Her Infinite Terribleness Catherine Gratwick the Sole and True Claimant to the Bears Armed Vacancy, Protector of the Realm

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Christian Democrats
Postmaster-General
 
Posts: 10093
Founded: Jul 29, 2009
New York Times Democracy

Postby Christian Democrats » Wed Jun 21, 2017 9:03 pm

Separatist Peoples wrote:*** General Assembly Secretariat Decision ***
Challenged Proposal: "Resolution 389"
Date of Decision: 21June 2017
Decision: Proposal is illegal, 4-1
Rules Applied: Honest Mistake

You might want to fix this header.

It's a proposed repeal of Resolution 389, and the vote is 5-1.
Leo Tolstoy wrote:Wrong does not cease to be wrong because the majority share in it.
GA#160: Forced Marriages Ban Act (79%)
GA#175: Organ and Blood Donations Act (68%)^
SC#082: Repeal "Liberate Catholic" (80%)
GA#200: Foreign Marriage Recognition (54%)
GA#213: Privacy Protection Act (70%)
GA#231: Marital Rape Justice Act (81%)^
GA#233: Ban Profits on Workers' Deaths (80%)*
GA#249: Stopping Suicide Seeds (70%)^
GA#253: Repeal "Freedom in Medical Research" (76%)
GA#285: Assisted Suicide Act (70%)^
GA#310: Disabled Voters Act (81%)
GA#373: Repeal "Convention on Execution" (54%)
GA#468: Prohibit Private Prisons (57%)^

* denotes coauthorship
^ repealed resolution
#360: Electile Dysfunction
#452: Foetal Furore
#560: Bicameral Backlash
#570: Clerical Errors

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Umeria
Senator
 
Posts: 4423
Founded: Mar 05, 2016
Left-wing Utopia

Postby Umeria » Thu Jun 22, 2017 4:20 pm

Is any of this a verdict on whether passed resolutions can contradict other resolutions but still be legal?
Ambassador Anthony Lockwood, at your service.
Author of GAR #389

"Umeria - We start with U"

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Christian Democrats
Postmaster-General
 
Posts: 10093
Founded: Jul 29, 2009
New York Times Democracy

Postby Christian Democrats » Thu Jun 22, 2017 4:36 pm

Umeria wrote:Is any of this a verdict on whether passed resolutions can contradict other resolutions but still be legal?

All passed resolutions are legal by virtue of the fact that they've been passed.
Leo Tolstoy wrote:Wrong does not cease to be wrong because the majority share in it.
GA#160: Forced Marriages Ban Act (79%)
GA#175: Organ and Blood Donations Act (68%)^
SC#082: Repeal "Liberate Catholic" (80%)
GA#200: Foreign Marriage Recognition (54%)
GA#213: Privacy Protection Act (70%)
GA#231: Marital Rape Justice Act (81%)^
GA#233: Ban Profits on Workers' Deaths (80%)*
GA#249: Stopping Suicide Seeds (70%)^
GA#253: Repeal "Freedom in Medical Research" (76%)
GA#285: Assisted Suicide Act (70%)^
GA#310: Disabled Voters Act (81%)
GA#373: Repeal "Convention on Execution" (54%)
GA#468: Prohibit Private Prisons (57%)^

* denotes coauthorship
^ repealed resolution
#360: Electile Dysfunction
#452: Foetal Furore
#560: Bicameral Backlash
#570: Clerical Errors

User avatar
Umeria
Senator
 
Posts: 4423
Founded: Mar 05, 2016
Left-wing Utopia

Postby Umeria » Thu Jun 22, 2017 8:05 pm

Christian Democrats wrote:
Umeria wrote:Is any of this a verdict on whether passed resolutions can contradict other resolutions but still be legal?

All passed resolutions are legal by virtue of the fact that they've been passed.

So are they considered to not contradict other resolutions, or does the fact that it passed override any contradictions?
Ambassador Anthony Lockwood, at your service.
Author of GAR #389

"Umeria - We start with U"

User avatar
Christian Democrats
Postmaster-General
 
Posts: 10093
Founded: Jul 29, 2009
New York Times Democracy

Postby Christian Democrats » Thu Jun 22, 2017 9:22 pm

Umeria wrote:
Christian Democrats wrote:All passed resolutions are legal by virtue of the fact that they've been passed.

So are they considered to not contradict other resolutions, or does the fact that it passed override any contradictions?

According to Resolution 2, nations have a duty to comply in good faith with the mandates of international law.
Leo Tolstoy wrote:Wrong does not cease to be wrong because the majority share in it.
GA#160: Forced Marriages Ban Act (79%)
GA#175: Organ and Blood Donations Act (68%)^
SC#082: Repeal "Liberate Catholic" (80%)
GA#200: Foreign Marriage Recognition (54%)
GA#213: Privacy Protection Act (70%)
GA#231: Marital Rape Justice Act (81%)^
GA#233: Ban Profits on Workers' Deaths (80%)*
GA#249: Stopping Suicide Seeds (70%)^
GA#253: Repeal "Freedom in Medical Research" (76%)
GA#285: Assisted Suicide Act (70%)^
GA#310: Disabled Voters Act (81%)
GA#373: Repeal "Convention on Execution" (54%)
GA#468: Prohibit Private Prisons (57%)^

* denotes coauthorship
^ repealed resolution
#360: Electile Dysfunction
#452: Foetal Furore
#560: Bicameral Backlash
#570: Clerical Errors

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Araraukar
Post Marshal
 
Posts: 15899
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Fri Jun 23, 2017 3:18 am

Umeria wrote:So are they considered to not contradict other resolutions, or does the fact that it passed override any contradictions?

You're not allowed to use "it's illegal and should never have passed" as a repeal clause, if that's what you mean.
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Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
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Apologies for absences, non-COVID health issues leave me with very little energy at times.

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