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[Replacement Draft] Rights and Duties of Member States

Where WA members debate how to improve the world, one resolution at a time.

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Separatist Peoples
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Founded: Feb 17, 2011
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Postby Separatist Peoples » Tue Dec 18, 2018 10:05 am

Auralia wrote:
Separatist Peoples wrote:OOC: The details of what constitutes an intervention more rightly belong in a resolution about those interventions. Like Auralias. Which this was designed to accommodate.

My approach would require the consent of the recognized government prior to and during any intervention. It would be good if this proposal contained a similar restriction.

OOC: which would permit nations to flatly refuse intervention when it inconveniences a malicious refusal to aid those in need. The entire point of this clause is to sidestep malicious refusal.

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Separatist Peoples should RESIGN!

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Old Hope
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Founded: Sep 21, 2014
Ex-Nation

Postby Old Hope » Tue Dec 18, 2018 10:39 am

Separatist Peoples wrote:
Auralia wrote:My approach would require the consent of the recognized government prior to and during any intervention. It would be good if this proposal contained a similar restriction.

OOC: which would permit nations to flatly refuse intervention when it inconveniences a malicious refusal to aid those in need. The entire point of this clause is to sidestep malicious refusal.

Then "Member nations may not intervene in other member states unless authorized by either these member states or by World Assembly Resolutions" or something similar would be perfectly fine. Currently, your ill-defined clause serves as poison pill towards the entire resolution; and may be grounds for another repeal even if it passes. Which should be avoided.
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Wallenburg
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Democratic Socialists

Postby Wallenburg » Tue Dec 18, 2018 12:25 pm

Separatist Peoples wrote:
Auralia wrote:My approach would require the consent of the recognized government prior to and during any intervention. It would be good if this proposal contained a similar restriction.

OOC: which would permit nations to flatly refuse intervention when it inconveniences a malicious refusal to aid those in need. The entire point of this clause is to sidestep malicious refusal.

Then this proposal definitely would not accommodate Auralia's replacement work.
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Separatist Peoples
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Tue Dec 18, 2018 12:27 pm

Old Hope wrote:
Separatist Peoples wrote:OOC: which would permit nations to flatly refuse intervention when it inconveniences a malicious refusal to aid those in need. The entire point of this clause is to sidestep malicious refusal.

Then "Member nations may not intervene in other member states unless authorized by either these member states or by World Assembly Resolutions" or something similar would be perfectly fine. Currently, your ill-defined clause serves as poison pill towards the entire resolution; and may be grounds for another repeal even if it passes. Which should be avoided.


OOC: Alternatively, I could leave it to a later resolution to clarify, where there is more room to write and opportunity to specify the metes and bounds of the policy. This is not so simple. Auralia has at least three, maybe four draft resolutions on the topic. All I'm doing is holding open the door.

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Tinfect
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Founded: Jul 04, 2014
Democratic Socialists

Postby Tinfect » Tue Dec 18, 2018 3:32 pm

"Lacking a... preferred solution, perhaps the Ambassador Bell would be open to an alternative? Consider explicitly allowing Member-States to require the use of citizen personnel, if appropriately qualified personnel exist, for Humanitarian Efforts supported by the World Assembly. This allows material aid to enter the Member-State if necessary, but preserves one's borders from foreigners."
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Separatist Peoples
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Postby Separatist Peoples » Tue Dec 18, 2018 3:46 pm

Tinfect wrote:"Lacking a... preferred solution, perhaps the Ambassador Bell would be open to an alternative? Consider explicitly allowing Member-States to require the use of citizen personnel, if appropriately qualified personnel exist, for Humanitarian Efforts supported by the World Assembly. This allows material aid to enter the Member-State if necessary, but preserves one's borders from foreigners."

"Member states are already barred from preventing material aid from entering their nations in many circumstances. And those personnel. I don't understand the reluctance here. If you don't ignore a humanitarian crisis, there exists no problem. The cost, risk, and political capital of intervening is itself a limiting factor on frivolous intervention."

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Tinfect
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Democratic Socialists

Postby Tinfect » Tue Dec 18, 2018 4:17 pm

Separatist Peoples wrote:"Member states are already barred from preventing material aid from entering their nations in many circumstances. And those personnel. I don't understand the reluctance here. If you don't ignore a humanitarian crisis, there exists no problem. The cost, risk, and political capital of intervening is itself a limiting factor on frivolous intervention."


"Simply put, Ambassador, the Imperium requests that methods of retaining security regardless of any crises ignored or sufficiently extreme be explicitly protected. As you are surely well aware by this point, the Imperium allows foreign personnel into the Imperial Territories on an extremely limited basis; foreign personnel entering the Imperium in times of crisis are unlikely to be well-accepted by the Citizenry and quite unlikely to be better qualified than Imperial personnel, whether station response teams, or post-incident organized support units."
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Separatist Peoples
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Postby Separatist Peoples » Tue Dec 18, 2018 4:29 pm

Tinfect wrote:
Separatist Peoples wrote:"Member states are already barred from preventing material aid from entering their nations in many circumstances. And those personnel. I don't understand the reluctance here. If you don't ignore a humanitarian crisis, there exists no problem. The cost, risk, and political capital of intervening is itself a limiting factor on frivolous intervention."


"Simply put, Ambassador, the Imperium requests that methods of retaining security regardless of any crises ignored or sufficiently extreme be explicitly protected. As you are surely well aware by this point, the Imperium allows foreign personnel into the Imperial Territories on an extremely limited basis; foreign personnel entering the Imperium in times of crisis are unlikely to be well-accepted by the Citizenry and quite unlikely to be better qualified than Imperial personnel, whether station response teams, or post-incident organized support units."


"The C.D.S.P. is no happier about foreigners within our borders, but when a crisis exceeds the scope of what one nation can handle, there is a moral imperative to take action. And a moral imperative to prevent the orcs from preventing that action."

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Separatist Peoples should RESIGN!

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Tinfect
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Founded: Jul 04, 2014
Democratic Socialists

Postby Tinfect » Tue Dec 18, 2018 4:36 pm

Separatist Peoples wrote:"The C.D.S.P. is no happier about foreigners within our borders, but when a crisis exceeds the scope of what one nation can handle, there is a moral imperative to take action. And a moral imperative to prevent the orcs from preventing that action."


"Fair enough, Ambassador, and for what it's worth, I agree. But it is unfortunate that the Imperium must oppose this legislation. Off the record, good luck."
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Sierra Lyricalia
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Founded: Nov 29, 2008
Left-wing Utopia

Postby Sierra Lyricalia » Tue Dec 18, 2018 5:35 pm

OOC: This idea is really only possible in the GA world where all committees are staffed by magically uncorruptible gnomes. Now that the electorate is being forced to come to terms with that piece of canon, there is some natural backlash. I'm honestly having a difficult time writing a realistic response that nevertheless accepts what we've hitherto glossed over, the World Assembly's beyond-Papal infallibility. No reasonable nation would accept, a priori, international interference in its affairs on this contemplated scale without some serious guarantees and strict constraints that the international force could barely consent to (and which certainly couldn't actually be enforced by the 'victim' nation).

On the assumption that this is better than most possible replacement laws, I would OOC support this, but as I say it's quite hard to come up with an IC way to support both this and extremely basic tenets of national sovereignty that even classical "IntFeds" would consider essential.

"I have to echo my colleagues'... uh, pessimism, I guess. My government is of the opinion that a World Assembly in which autocratic governments have equal voting rights with democracies is not competent to determine whether or not a humanitarian crisis is actually happening within a democratic or non-authoritarian state. There might be a more nuanced way to legislate this requirement, but it will be tricky. I'm not authorized to pledge either support or opposition at this early stage."

"To justify intervention you'd need to have some kind of board or council dedicated to international security questions, whose ideological neutrality is utterly beyond question. This 'security-council' would of course have to have extremely strong internal checks on its ability to act. Only in the most dire circumstances would it be able to override nations' fundamental sovereign rights."
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Auralia
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Founded: Dec 15, 2011
Ex-Nation

Postby Auralia » Tue Dec 18, 2018 8:30 pm

Sierra Lyricalia wrote:"To justify intervention you'd need to have some kind of board or council dedicated to international security questions, whose ideological neutrality is utterly beyond question. This 'security-council' would of course have to have extremely strong internal checks on its ability to act. Only in the most dire circumstances would it be able to override nations' fundamental sovereign rights."

Ideological neutrality isn't a necessity or even desirable. You just need to make sure all of the major world powers are represented. And all must consent to any intervention -- otherwise none of them will agree to the idea.

I wonder if anyone has thought of this before...
Last edited by Auralia on Tue Dec 18, 2018 8:32 pm, edited 1 time in total.
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WayNeacTia
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Founded: Aug 01, 2014
Ex-Nation

Postby WayNeacTia » Fri Sep 20, 2019 11:26 pm

Sierra Lyricalia wrote:"To justify intervention you'd need to have some kind of board or council dedicated to international security questions, whose ideological neutrality is utterly beyond question. This 'security-council' would of course have to have extremely strong internal checks on its ability to act. Only in the most dire circumstances would it be able to override nations' fundamental sovereign rights."


Make it so intervention can only be warranted if a nation is in non-compliance (not that it really exists buy whatever), and then have this handy-dandy little Compliance Commission act as said "security council"?
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Abacathea
Minister
 
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Founded: Nov 17, 2012
Ex-Nation

Postby Abacathea » Mon Sep 23, 2019 1:06 am

Separatist Peoples wrote:
Bears Armed wrote:OOC
Quite so, especially given this proposal's failure to define what would actually constitute a 'humanitarian crisis' worthy of such intervention.
:eyebrow:
Imagine, for example, some WA bureaucrat proclaiming: "The people of nation 'WHEREVER' have just voted, in a referendum, for their country to leave the WA. This means that, however good their national laws currently are, the WHEREVERIANS would no longer be protected by WA law as well. That is a humanitarian crisis! We must invade and occupy them, and impose a pro-WA government regardless of their people's deluded wishes, to prevent their exit!"

OOC: The details of what constitutes an intervention more rightly belong in a resolution about those interventions. Like Auralias. Which this was designed to accommodate.


OOC; But if those details are significant to the workings of this proposal then surely those details have relevance here.

It’s a little like planning to make a cup of coffee and saying that the details of where we’re getting the coffee from is a conversation we can have at another time all that matters is we’re having a cup of coffee and that we know how we’re making it.
Last edited by Abacathea on Mon Sep 23, 2019 5:12 am, edited 1 time in total.
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Kenmoria
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Founded: Jul 03, 2017
Scandinavian Liberal Paradise

Postby Kenmoria » Mon Sep 23, 2019 8:53 am

(OOC: How would further legislation on what constitutes a humanitarian crisis worthy of intervention actually work? It seems as though any proposal which attempts to limit what can be done by this one would be contradiction or house of cards.)
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Separatist Peoples
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Mon Sep 23, 2019 11:43 am

Kenmoria wrote:(OOC: How would further legislation on what constitutes a humanitarian crisis worthy of intervention actually work? It seems as though any proposal which attempts to limit what can be done by this one would be contradiction or house of cards.)


OOC: So, I haven't even looked at this in...coming close to a year. More than 9 months. That said, lemme address the question of legality. A future resolution that seeks to clarify grounds for humanitarian crises would not be a HOC violation unless it referenced this replacement explicitly, and wouldn't have to work hard to evade contradiction.

I'm not 100% sure I'm even moving forward with this concept, but that legality concern rather isn't a concern.

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Araraukar
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Postby Araraukar » Thu Sep 26, 2019 5:19 am

OOC: Should finally have time this weekend for NS, but I notice this requires adherence to spirit of the law, not the letter of the law. Swinging from one extreme to the other. Plus you still won't be able to curb creative compliance, because you can't force roleplay.
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Separatist Peoples
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Founded: Feb 17, 2011
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Postby Separatist Peoples » Thu Sep 26, 2019 7:17 am

Araraukar wrote:OOC: Should finally have time this weekend for NS, but I notice this requires adherence to spirit of the law, not the letter of the law. Swinging from one extreme to the other. Plus you still won't be able to curb creative compliance, because you can't force roleplay.

OOC: requiring adherence to the spirit of the law ICly doesn't force roleplay any more than requiring adherence to the letter of the law does. That clause cannot be read in a good faith way to ignore the letter of the law.

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Separatist Peoples should RESIGN!

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Marxist Germany
Minister
 
Posts: 2171
Founded: Jun 07, 2018
Ex-Nation

Postby Marxist Germany » Thu Sep 26, 2019 8:23 am

Separatist Peoples wrote:
Araraukar wrote:OOC: Should finally have time this weekend for NS, but I notice this requires adherence to spirit of the law, not the letter of the law. Swinging from one extreme to the other. Plus you still won't be able to curb creative compliance, because you can't force roleplay.

OOC: requiring adherence to the spirit of the law ICly doesn't force roleplay any more than requiring adherence to the letter of the law does. That clause cannot be read in a good faith way to ignore the letter of the law.

OOC: Good faith does not exist without GA#2 :p
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Bears Armed
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Founded: Jun 01, 2006
Civil Rights Lovefest

Postby Bears Armed » Thu Sep 26, 2019 9:51 am

Marxist Germany wrote:
Separatist Peoples wrote:OOC: requiring adherence to the spirit of the law ICly doesn't force roleplay any more than requiring adherence to the letter of the law does. That clause cannot be read in a good faith way to ignore the letter of the law.

OOC: Good faith does not exist without GA#2 :p

OOC
In which case what compels 'good faith' interpretation of GA#2 itself?
:roll:
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Separatist Peoples
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Thu Sep 26, 2019 11:28 am

Marxist Germany wrote:
Separatist Peoples wrote:OOC: requiring adherence to the spirit of the law ICly doesn't force roleplay any more than requiring adherence to the letter of the law does. That clause cannot be read in a good faith way to ignore the letter of the law.

OOC: Good faith does not exist without GA#2 :p


OOC: Thus the replacement...

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Separatist Peoples should RESIGN!

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Marxist Germany
Minister
 
Posts: 2171
Founded: Jun 07, 2018
Ex-Nation

Postby Marxist Germany » Thu Sep 26, 2019 2:51 pm

Bears Armed wrote:
Marxist Germany wrote:OOC: Good faith does not exist without GA#2 :p

OOC
In which case what compels 'good faith' interpretation of GA#2 itself?
:roll:

OOC: Thus we have created a paradox.
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WayNeacTia
Senator
 
Posts: 4330
Founded: Aug 01, 2014
Ex-Nation

Postby WayNeacTia » Thu Sep 26, 2019 7:20 pm

Bears Armed wrote:
Marxist Germany wrote:OOC: Good faith does not exist without GA#2 :p

OOC
In which case what compels 'good faith' interpretation of GA#2 itself?
:roll:


Game mechanics?
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RiderSyl wrote:You'd really think that defenders would communicate with each other about this. I know they're not a hivemind, but at least some level of PR skill would keep Quebecshire and Quebecshire from publically contradicting eac

wait

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Kowani
Post Czar
 
Posts: 44956
Founded: Apr 01, 2018
Democratic Socialists

Postby Kowani » Sun Sep 29, 2019 9:15 am

Auralia wrote:
Sierra Lyricalia wrote:"To justify intervention you'd need to have some kind of board or council dedicated to international security questions, whose ideological neutrality is utterly beyond question. This 'security-council' would of course have to have extremely strong internal checks on its ability to act. Only in the most dire circumstances would it be able to override nations' fundamental sovereign rights."

Ideological neutrality isn't a necessity or even desirable. You just need to make sure all of the major world powers are represented. And all must consent to any intervention -- otherwise none of them will agree to the idea.

I wonder if anyone has thought of this before...

All the major powers? Well, that’ll be the multiverse spanning empires, galaxy wide federations, and…How exactly would we get aid to those?
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BerCasca
Lobbyist
 
Posts: 19
Founded: Apr 25, 2017
Ex-Nation

Postby BerCasca » Wed Oct 02, 2019 12:40 pm

I think there needs to be more rights to member states.

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Big Octopus
Secretary
 
Posts: 40
Founded: Aug 29, 2019
Ex-Nation

Postby Big Octopus » Sun Oct 13, 2019 2:05 am

BerCasca wrote:I think there needs to be more rights to member states.

You are right. Automatic law changing is a bit extreme
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