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[PASSED] Drug Trafficking Act

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Enn
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[PASSED] Drug Trafficking Act

Postby Enn » Wed Apr 14, 2010 9:58 pm

Drug Trafficking Act
A resolution to improve world security by boosting police and military budgets.

Category: International Security
Strength: Mild
Proposed by: Enn

Description: The General Assembly,

Recognising the right of nations to legalise, illegalise, restrict or tax recreational drugs as they see fit, within the bounds of any past or future WA resolutions concerning such substances,

Aware that nations with widely differing policies on recreational drugs may share borders,

Conscious of the high priority many nations place on maintaining strong border control,

Asserting that nations on both sides of any international border are equally responsible for the prevention of the illegal trafficking of any goods, in either direction, across said border,

Recognising the right of nations to punish, according to their own laws, persons convicted of the production, transport, purchase or supply of illegal substances within their borders,

Worried that lack of accord over such issues may lead to conflict and division between WA member states, persecution of innocent states or individuals ostensibly to prevent traffic of recreational drugs, and/or aggressive support of illegal traffickers in order to strain, subvert and destabilise national law enforcement agencies,

1. Defines, for the purposes of this resolution, drugs as chemical substances that affect the central nervous system, causing changes in behavior and/or potential addiction, and defining all drugs as being recreational, unless they are widely recognised within individual nations as legitimate medical substances and used in a manner deemed appropriate by medical experts, or they are used for a recognised sacramental purpose;

2. Demands that all nations, in taking action to suppress illegal drug trafficking, recognise the sovereignty of other nations; neither pressuring said nations to adopt changes in their recreational drugs policy, nor violating international borders in military or policing actions, covert or otherwise, without consent; nor using domestic recreational drugs policy as justification for any breach of human rights or international law;

3. Requires that no nation take action against recreational drug production by biological, chemical or biochemical methods, such as the introduction of crop-destroying pests or of abortive strains, which may be judged likely to affect the production of nations wherein said crops are legal, or likely to create health risks;

4. Requests that the law enforcement, customs and border officials of any nations sharing borders cooperate and share information, as judged relevant by both nations, in order to better prevent illegal traffic;

5. Urges that all nations producing recreational drugs closely monitor and publish records dealing with the production capacity and exchange record of any body or individual producing, transporting or purchasing such substances other than for personal consumption;

6. Recognises the right of vessels, engaged in the transport of recreational drugs legal in both exporting and importing countries, to use international territory without threat of impediment or harassment from other nations;

7. Reaffirms the right of nations to monitor vessels using international territory in order to prevent illicit activity;

8. Recognises the duty of both exporting and importing nations to closely monitor said goods at point of departure and arrival;

9. Recognises the right of nations to deny entry to vessels transporting recreational drugs.

Co-authored by Rehochipe

~~~
I'm sure a few of you have noticed the presence of this in the proposal list. I submitted it earlier this week as a dry run, to try and see what level of delegate involvement there is in the list these days, without any TG campaign.
I was somewhat surprised to see the number of endorsements it's received. Without any direct campaigning by myself, and without a thread open on here, it's already got to about 80% of quorum, and a day left. So I thought it might be good to open up a debate thread.
I had a thread open on this back in January, but wasn't able to do any submitting back then. I thought it better to open a new one, since several months had passed, and some of the debates back then aren't really relevent to this.

FAQ:
1. Who is Rehochipe? A former nation, from about 5 years back. The core of this is a UN proposal draft they came up with but never submitted. With permission, I've adapted it over the years since. I would be very, very surprised to find a proposal with a longer drafting period. I mean seriously, 5 years?
2. What's with the definition of drug? This has been a sometimes vexing issue during the long drafting process. I would like to clarify that, as stated in the text, this definition can only be regardied as holding true 'for the purposes of this resolution'. If your nation has differing definitions for other contexts, that still holds true.
3. Doesn't this cover caffeine and alcohol? In a word, yes. They are drugs. In many, many places, they are perfectly legal. That doesn't change the fact that they are drugs. Also, it is not outside imagination that there might be countries where either or both of these are illegal - Mormon states for caffeine, for instance, and strict sharia states for alcohol.
4. Why isn't this in the Drugs category? Because it doesn't change member states' laws regarding the legality of recreational drugs. It is about how nations interact regarding particular substances.
5. What's with the 'The General Assembly' at the start, and the lack of a committee? I'm a bit old-fashioned when it comes to resolutions. Starting with the body doing the resolving makes it a bit clearer. I also don't see the need for endless committees. Resolutions are binding; they do not need committees to keep them enforced.
Last edited by Flibbleites on Tue Apr 20, 2010 9:35 am, edited 3 times in total.
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Charlotte Ryberg
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Postby Charlotte Ryberg » Wed Apr 14, 2010 11:10 pm

May I suggest the following revisions for clarity:
Enn wrote:3. Requires that no nation take action against recreational drug production by biological, chemical or biochemical methods, such as the introduction of crop-destroying pests or of abortive strains, which may be judged likely to affect the production of nations wherein said crops are legal, or likely to create health risks;

This is a prohibition clause so it should be revised to read a bit like this:
3. Prohibits member countries from taking action against recreational drug production by biological, chemical or biochemical methods such as the introduction of crop-destroying pests or of abortive strains, which may be judged likely to either affect the production of nations wherein said crops are legal or create health risks;

Yours etc,

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Hiriaurtung Arororugul
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Postby Hiriaurtung Arororugul » Wed Apr 14, 2010 11:54 pm

Enn wrote:3. Requires that no nation take action against recreational drug production by biological, chemical or biochemical methods, such as the introduction of crop-destroying pests or of abortive strains, which may be judged likely to affect the production of nations wherein said crops are legal, or likely to create health risks;


Charlotte Ryberg wrote:3. Prohibits member countries from taking action against recreational drug production by biological, chemical or biochemical methods such as the introduction of crop-destroying pests or of abortive strains, which may be judged likely to either affect the production of nations wherein said crops are legal or create health risks;


Both of those say essentially the same thing. "Requires that no nation take action against" has the same effect as "Prohibits member countries from taking action against".

The original sounds better. I would advise against making this change to the text.
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Charlotte Ryberg
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Postby Charlotte Ryberg » Thu Apr 15, 2010 12:18 am

Manual of style is not envisaged as a serious issue here at all, honoured ambassador. It was a suggestion to hopefully make it easier to read.

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Enn
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Postby Enn » Thu Apr 15, 2010 7:17 pm

Status: Quorum Reached: In Queue!

And I take the crown for longest time between first draft and quorum, I take it? November 11 2005 is when I took up this idea, based on Rehochipe's idea way back in... February 2004. Beat that!

[edit] This would surely also take the title of longest time between a nation CTEing and being credited as a co-author should this be successful, no?
Last edited by Enn on Thu Apr 15, 2010 7:36 pm, edited 1 time in total.
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Glen-Rhodes
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Postby Glen-Rhodes » Thu Apr 15, 2010 7:48 pm

2. Demands that all nations, in taking action to suppress illegal drug trafficking, recognise the sovereignty of other nations; neither pressuring said nations to adopt changes in their recreational drugs policy, nor violating international borders in military or policing actions, covert or otherwise, without consent; nor using domestic recreational drugs policy as justification for any breach of human rights or international law;

Glen-Rhodes takes serious issue with being prohibited from exerting diplomatic and economic pressure on other nations to change their policies. In fact, I think it's incredibly irresponsible for the World Assembly to prohibit such actions. The use of illicit drugs is a problem in certain areas of Glen-Rhodes, and investigations have shown that nearly all of the drugs are brought across neighboring borders, where those neighboring nations have more lax laws. Glen-Rhodes has pursued affirmative diplomatic and economic talks between those neighboring nations, attempting to pressure them to change their policies on illicit drugs, as the regulation of those drugs would severely decrease the amount travelling across the border.

That sole clause causes my opposition. In summary, it undermines the attempt at bringing international drug trafficking laws into 'accord', by removing the ability of governments to use diplomacy and economic policy to curtail drug trafficking across borders shared with lax-law nations.

Dr. Bradford William Castro

Ambassador-at-Large,
Permanent Chief of Mission for World Assembly affairs,
the Commonwealth of Glen-Rhodes
Last edited by Glen-Rhodes on Thu Apr 15, 2010 7:49 pm, edited 1 time in total.

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Manticore Reborn
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Postby Manticore Reborn » Fri Apr 16, 2010 8:26 am

5. Urges that all nations producing recreational drugs closely monitor and publish records dealing with the production capacity and exchange record of any body or individual producing, transporting or purchasing such substances other than for personal consumption;


Although the Kingdom of Manticore Reborn recognizes that many nations are afflicted with social and economic issues stemming from the trafficking and use of illicit substances; we find the disclosure required by this clause to be an infringement of our sovereignty as well as a hindermint to commercial producers within our territory who for market reason may not chose to share this information.

In addition, the Kingdom of Manticore Reborn does not care for the wording of clause 7

7. Reaffirms the right of nations to monitor vessels using international territory in order to prevent illicit activity;


This clause must be strengthened to insure no Manticorian flagged vessel may be boarded within International waters as such will be considered an Act of War against the crown of Manticore.

The Kingdom of Manticore Reborn must also support the honorable Ambassador of Glen-Rhodes objection to Clause 2. Not only do we agree that such clause undermines the attempt at bringing international drug trafficking laws into 'accord' with the community of nations, it is also yet another attempt by the WA to infringe upon our sovereignty by restricting our ability to set policy as we see fit.

Based on these issue, The Kingdom of Manticore Reborn will opposed this legislation.
Respectfully,
Hamish Alexander, Eighteenth Earl of White Haven
Minister of Foreign Affairs to His Majesty King Roger VI
The Kingdom of Manticore Reborn

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Charlotte Ryberg
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Postby Charlotte Ryberg » Fri Apr 16, 2010 9:16 am

The right of a nation's industry not to be interfered with by another has been taken to our account while assessing this resolution. However, agreed that clause 2, 5 and 7 is questionable, we are provisionally against until a good clarification or pointer to a limitation can be made by the author.

Yours etc,

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Schm
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Postby Schm » Fri Apr 16, 2010 9:29 am

Manticore Reborn wrote:...
In addition, the Kingdom of Manticore Reborn does not care for the wording of clause 7

7. Reaffirms the right of nations to monitor vessels using international territory in order to prevent illicit activity;


This clause must be strengthened to insure no Manticorian flagged vessel may be boarded within International waters as such will be considered an Act of War against the crown of Manticore.
....


Schm will oppose the resolution on this basis as well. We will not accept any interference with our shipping that results from another nation presuming to enforce its own laws within international waters.

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Diatraba
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Postby Diatraba » Fri Apr 16, 2010 9:44 am

Sorry about my lack of activity - but I've been on a sabbatical for the past week - I'm glad the Net Nutrality Act was passed - but I digress, honoured delegates - This act seems to be a version of the "Microcredit and Microgrants" resolution, but for drug trafficking, am I correct, honoured author?

Désolé pour mon manque d'activité - mais j'ai été en congé sabbatique depuis la semaine dernière - je suis content de la Loi sur la neutralité d'Internet a été adoptée - mais je m'égare, les délégués ont honoré - Cette loi semble être une version du microcrédit et microsubventions résolution, mais pour le trafic de drogue, je suis correcte, honorable auteur?


Perdón por mi falta de actividad - pero yo he estado en un año sabático para la última semana - Me alegro de que la Ley de Neutralidad de Internet fue aprobada - pero estoy divagando, los delegados honrados - Esta ley parece ser una versión del Microcrédito y microdonaciones resolución, pero por tráfico de drogas, estoy en lo correcto, honorable autor?


Mi dispiace per la mia mancanza di attività - ma sono stato su un anno sabbatico per la settimana passata - Sono contento che la neutralità act Internet è stato superato - ma sto divagando, delegati onorato - Questo atto sembra essere una versione del Microcredito e Microgrants risoluzione, ma per traffico di droga, io sono corretto, autore onorevole?
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The Palentine
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Postby The Palentine » Fri Apr 16, 2010 12:10 pm

Its not quite as forceful as I'd like, old bean, but its not bad. The Palentine will goon record as supporting the proposal.
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Glen-Rhodes
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Postby Glen-Rhodes » Fri Apr 16, 2010 12:18 pm

Diatraba wrote:Sorry about my lack of activity - but I've been on a sabbatical for the past week - I'm glad the Net Nutrality Act was passed - but I digress, honoured delegates - This act seems to be a version of the "Microcredit and Microgrants" resolution, but for drug trafficking, am I correct, honoured author?

I personally don't see the relationship.

- Dr. B. Castro

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Sionis Prioratus
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Postby Sionis Prioratus » Fri Apr 16, 2010 12:22 pm

Glen-Rhodes wrote:That sole clause causes my opposition.


Therefore, said clause and the whole text must be good, decent, and moral. We vote FOR.
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Diatraba
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Postby Diatraba » Fri Apr 16, 2010 12:29 pm

Sionis Prioratus wrote:
Glen-Rhodes wrote:That sole clause causes my opposition.


Therefore, said clause and the whole text must be good, decent, and moral. We vote FOR.


Ha! Is it your policy to vote in opposition of Dr. Castro's vote?

Dr. Dimitri MacCarinson (PHD)

Ha! Est-il votre politique de vote dans l'opposition de vote M. Castro?

Dr. Dimitri MacCarinson (doctorat en études historiques)
Last edited by Ardchoille on Sat Apr 17, 2010 5:24 pm, edited 1 time in total.
Dimitri MacCarinson - Honourary Chief Ambassador on behalf of the Communist State of Diatraba (PMT)- One nation, one vision!
DEFCON: 3 - army at rediness - rediness levels above normal
UK Threat Level: Substantial - an attack is a strong possibility
REDCON: 2 - Full Alert - Army ready to fight
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Glen-Rhodes
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Postby Glen-Rhodes » Fri Apr 16, 2010 12:32 pm

Diatraba wrote:Ha! Is it your policy to vote in opposition of Dr. Castro's vote?

I'm almost certain it's written in their constitution. However, maybe I'm catering my vote based on his constant contrariness? Something to thing about!

- Dr. B. Castro

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Diatraba
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Postby Diatraba » Fri Apr 16, 2010 12:32 pm

Glen-Rhodes wrote:
Diatraba wrote:Sorry about my lack of activity - but I've been on a sabbatical for the past week - I'm glad the Net Nutrality Act was passed - but I digress, honoured delegates - This act seems to be a version of the "Microcredit and Microgrants" resolution, but for drug trafficking, am I correct, honoured author?

I personally don't see the relationship.

- Dr. B. Castro


And, Doctor Castro - as the author of the said Microcredit resolution - you are an authoritative source I presume? In that case, no more need be said

Et, le docteur Castro - comme l'auteur de ladite résolution microcrédit - Vous êtes une source d'autorité, je présume? Dans ce cas, pas besoin d'en dire

Vendez, respectivement


Dr. Dimitri MacCarinson (PhD)
Last edited by Ardchoille on Sat Apr 17, 2010 5:25 pm, edited 1 time in total.
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Sionis Prioratus
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Postby Sionis Prioratus » Fri Apr 16, 2010 12:37 pm

Glen-Rhodes wrote:
Diatraba wrote:Ha! Is it your policy to vote in opposition of Dr. Castro's vote?

I'm almost certain it's written in their constitution. However, maybe I'm catering my vote based on his constant contrariness? Something to thing about!

- Dr. B. Castro


Hon. Doctor, Your Excellency's Delegation is exhibiting signs of paranoia. One more good reason as to why a "Drug Trafficking Act" is sorely needed.

L'Chaim,
Cathérine Victoire de Saint-Clair
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Glen-Rhodes
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Postby Glen-Rhodes » Fri Apr 16, 2010 1:57 pm

Sionis Prioratus wrote:Hon. Doctor, Your Excellency's Delegation is exhibiting signs of paranoia. One more good reason as to why a "Drug Trafficking Act" is sorely needed.

It's prescription, I swear!
Last edited by Glen-Rhodes on Fri Apr 16, 2010 1:57 pm, edited 1 time in total.

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The Eternal Kawaii
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Postby The Eternal Kawaii » Fri Apr 16, 2010 2:14 pm

In the Name of the Eternal Kawaii, may the Cute One be praised

As a nation that prides itself in its draconian drug laws, we really don't have a problem with this proposal. Watching more libertine nations destroy themselves with mind-altering substances is a regrettable but acceptable price for the assurance that such poisons will not reach our shores.
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Aptheros
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Postby Aptheros » Fri Apr 16, 2010 3:35 pm

Esteemed delegates,

The issue for the Kindom of Aptheros arrises from the preamble in which it is stated:

Asserting that nations on both sides of any international border are equally responsible for the prevention of the illegal trafficking of any goods, in either direction, across said border,


The possibility of this being used as a precedent for other matters alarms us, as well, the question of what is legal in one country, and not in another also poses us the question, that how far must the arm of the law extend? If perhaps the authors could address these matters, we would highly appreciate that.


Enovy of The Kingdom of Aptheros

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The Asylum Manager
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Postby The Asylum Manager » Fri Apr 16, 2010 3:39 pm

Even though my region's Delegate's vote is FOR, I ABSTAIN, since I am unable to deduce a proper standpoint from the posts in this thread up to date.

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Enn
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Postby Enn » Fri Apr 16, 2010 5:47 pm

OOC: Apologies, but I'm not sure how much of the debate I'll be around for. I've got several assignments due early next week, and the submission that reached quorum wasn't expected to. My bad there.

IC: Regarding issues that have been raised:
Clause two: This is a positive affirmation of national sovereignty as far as drug laws are concerned. Yes, one nation can ask for another nation to change laws, yes, a nation can request such a change. But to pressure another nation is to deny said nation its sovereignty.
I would draw the objecting ambassadors eyes to Clause 4. Clause 4, whilst only being a request, can still be acted upon. If you have an issue with drugs crossing your border, then you have a problem.

Clause 5: In response to concerns regarding this, I would point out that it only 'Urges' - it does not mandate action. Whilst I believe it will allow for better results if all nations followed this clause, it is not a deal-breaker.

Clause 7: This is a re-affirmation of existing customs as regarding transport. Or at least it was when the early drafting was done. I find it perplexing that after all this time, one clause which has never raised objection before is now causing distress.
There is nothing in this allowing for vessels to be boarded, unless the rules-lawyers really go out on a limb. Monitoring is not the same as boarding.

In regards to the Envoy from Aptheros: The preamble is not considered actionable. It provides justification for the following clauses, but I do not see how it would be wise to try to use it as precedent for other actions.
But in any case: A nation's laws can only extend as far as the nations borders, unless there are existing extradition arrangements or similar. Otherwise there is a clear breach of sovereignty, and potentially even territorial integrity.

I hope this has helped allay some concerns.

Stephanie Fulton,
WA Ambassador for Enn

[edit] Also, I was TGed by one person who claimed this was, I quote, 'totally Mormon'. I'm not entirely sure what to say to that.
Also, one person attacked me for not including sacramental usage within the definition of recreational drugs. Ah well, you can't please everyone...
Last edited by Enn on Fri Apr 16, 2010 5:54 pm, edited 1 time in total.
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Glen-Rhodes
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Postby Glen-Rhodes » Fri Apr 16, 2010 6:00 pm

Enn wrote:Clause two: This is a positive affirmation of national sovereignty as far as drug laws are concerned. Yes, one nation can ask for another nation to change laws, yes, a nation can request such a change. But to pressure another nation is to deny said nation its sovereignty.

I'm not sure where there's a disconnect between 'asking' and using diplomacy and economic policy. A nation isn't your little brother, they don't send text messages asking for a little favor. When a nation asks another nation to do something, it is through diplomacy, economic policy, or military use.

Perhaps you are asserting that while a nation can request a change in policy, they cannot do anything to back up that request. So, it's a polite "I would really, really like you to do this, but you don't actually have to if you don't want to, and nothing will ever happen if you don't do it". Why in the world should we be outlawing legitimate diplomacy? It just doesn't make any sense to me, and it actually does directly infringe on national sovereignty.

Furthermore, Clause 4 doesn't do anything to allay those concerns. It requires both nations to agree that certain actions are relevant. If nations agreed on that, the use of the above 'pressuring' methods wouldn't be necessary in the first place.

Dr. Bradford William Castro

Ambassador-at-Large,
Permanent Chief of Mission for World Assembly affairs,
the Commonwealth of Glen-Rhodes
Last edited by Glen-Rhodes on Fri Apr 16, 2010 6:02 pm, edited 2 times in total.

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Aptheros
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Postby Aptheros » Fri Apr 16, 2010 7:34 pm

Honourable Stephanie Fulton, Ambassador of Enn,

I appreciate your explanation,
In regards to the Envoy from Aptheros: The preamble is not considered actionable. It provides justification for the following clauses, but I do not see how it would be wise to try to use it as precedent for other actions.
But in any case: A nation's laws can only extend as far as the nations borders, unless there are existing extradition arrangements or similar. Otherwise there is a clear breach of sovereignty, and potentially even territorial integrity.


My concern however arises form the fact that since all the WA laws are equally applied to all members, larger nations with a more stringent view of drug use than their neighbors can use this as a justification for invasion, to "protect" their own citizens.

Envoy of the Kingdom of Aptheros

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Enn
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Postby Enn » Fri Apr 16, 2010 7:38 pm

Aptheros wrote:Honourable Stephanie Fulton, Ambassador of Enn,

I appreciate your explanation,
In regards to the Envoy from Aptheros: The preamble is not considered actionable. It provides justification for the following clauses, but I do not see how it would be wise to try to use it as precedent for other actions.
But in any case: A nation's laws can only extend as far as the nations borders, unless there are existing extradition arrangements or similar. Otherwise there is a clear breach of sovereignty, and potentially even territorial integrity.


My concern however arises form the fact that since all the WA laws are equally applied to all members, larger nations with a more stringent view of drug use than their neighbors can use this as a justification for invasion, to "protect" their own citizens.

Envoy of the Kingdom of Aptheros

This would be barred, under Clause 2.
2. Demands that all nations, in taking action to suppress illegal drug trafficking, recognise the sovereignty of other nations; neither pressuring said nations to adopt changes in their recreational drugs policy, nor violating international borders in military or policing actions, covert or otherwise, without consent; nor using domestic recreational drugs policy as justification for any breach of human rights or international law;

The preamble exists to create justification for the following clauses, but it does not overrule them.

Stephanie Fulton,
WA Ambassador for Enn
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