Terra Nullius Protection Act
Category: Global Disarmament | Effect: Mild |
The General Assembly,
IDENTIFYING the existence of non-administrated zones, termed terra nullius, as being outside of any sovereign entity.
DEFINES terra nullius, where applicable, as either:1) Territory free of any sovereign national control, laws, jurisdictions or free of sovereign claim(s), as the result of territorial dispute.
2) Territory that is uninhabited by people, or by people expressing sovereign claim, over which no pre-existing sovereign nation currently holds jurisdiction.
NOTING prior resolutions' failure to define territory with respect to supranational law, beyond the territorial extent of ‘WA’ & ‘non-WA’ states.
CONCERNED that prior WA legislation, which is occupied with the exploitation of sovereign territory, but not territory as defined in 1) & 2), creates potential loopholes.
SEEKING to define territory that is not sovereign & limit, & make reprehensible, those actions which exploit these territories, in contravention of the principles of existing legislation, & in the absence of this resolution.
HOPING that the measures taken by this resolution provide both a peaceful response to international tensions surrounding terra nullius & assistance in judicial & police proceedings by having common regulations concerning illicit activities within terra nullius.
HEREBY the World Assembly declares:1) That any WA states' actions within terra nullius be consistent with prior & later supranational law, where applicable, as outlined by the WA, & this resolution.
2) That WA states protect those biomes & species, sapient & non-sapient, who utilise, & are located within terra nullius, who are given their respective dignities & rights as defined by the WA.
3) That WA states operating within terra nullius, where terra nullius is de facto outside any national legal system or jurisdiction, still remain bound to international law; through this resolution, furthermore, WA states shall not:a) Use terra nullius as a reason for exemption from the extent of law; both national & international &,
b) Use terra nullius as an exemption for the need of multinational treaty, between sovereign states, as demanded, or expected, by international law.
4) Concerning the responsibility of WA states, their citizens & corporations, when acting, or acted upon, within terra nullius, in contravention to the law of their national state, or this resolution:a) A WA state is not liable for the actions of their citizens, or corporations unless said actions are coerced, or commanded, by that state, in which case;
b) Those individuals, or parties, are to be prosecuted, by, or through that respective state, to the full extent of that state's law, assuming such actions cannot be brought before international courts of law; as per clauses 1 & 2.
5) That WA states are not constrained by this resolution for terra nullius artificially created by WA, or non-WA, states, through treaties, while WA states recognising terra nullius, by said treaties, are under compulsion to this resolution, concerning that territory.
6) That this resolution does not legislate for extranational airspace or seas.
7) The formation of the Terra Nullius Protection Commission (TNPC), to work in an advisory role with disputing parties to uphold the rights for that within terra nullius & seek resolution to dispute.
ADDITIONALLY understands expansionist members of the WA & their ‘effective occupation’, as the control of terra nullius by their power & jurisdictions in the absence of a proper sovereign, while recognising the freedom of non-WA states in their independent disputes.
GUARANTEES, according to territory under definition 2, the rights of expansionist WA-nations, as well as the rights of peoples either unaffiliated or wishing to disassociate with existing governments, to claim & establish jurisdiction over terra nullius under the following conditions:1) The claimant has not violated, within the claimed area, any WA resolutions prior to its claim.
2) The claim is not contested legally by any power, people, or species, who maintain an effective, but not necessarily sovereign, occupation in the same terra nullius; providing them all rights as presented by the WA.
FURTHERMORE that dispute(s) resulting in terra nullius are both unsustainable & undesirable, encouraging WA states to act accordingly by need:1) To respect the territorial integrity of rival claimants;
2) To seek peaceful resolution to rival claims over terra(e) nullius on their own;
3) To work with TNPC, & WANC, to assure the proper treatment & maintenance of supranational law for those, & that, located in terra nullius.
Co-authored by Lislandia.
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