Flying Eagles wrote:Tinhampton wrote:Incensed at section 5’s requirement that “the GAO... cease the allowance of funds to the transgressing nation or organization” “if incorrect use of funds is reported” without adequate due process;
Section 5 also reads “the decisions to cease funding by the GAO can be appealed by the nation or organization to the Independent Adjudicative Office”. Also, I’d assume that the DEA, as mentioned in Section 4, would carry out their own due process before informing the GAO of the “incorrect use of funding”
I thought of that. The specific reporting criteria are not linked to the DEA.
Moreover, the control mechanism itself creates massive harms for member nations. The passive construction of the next clause allows for the interpretation that the mere reporting of incorrect use of funds triggers the severe penalties that follow.
The argument that the only relevant reports are those from the Department of External Auditors is undercut by this being in a separate section. Moreover, the hypothetical enemies of, say, Bigtopia would never interpret the resolution this way, arguing instead that the passive construction permits them also to make reports.
Imperium Anglorum,
"Spending without controls" (2020) 2; Ibid note 5. Moreover, the provisions of section 5 are not sufficient:
And while the resolution provides due process to restore lost funds, it requires the General Accounting Office to shut off funds merely when reported, with no discretion to reject false or malicious reports.
Funds that can be shut off at a whim, before entering an appeals process where a member nation likely must prove their own innocence, creates massive harms to poorer member nations. The funding restrictions are not limited only to funds given by this resolution. It says that the "allowance of funds"' shall cease. If the resolution meant only the funds in this resolution, it ought to have made that explicit or used the same verb as in section 3.
Ibid 2–3.
EDIT (9 Sep) Fixed formatting conversions necessary from Latex to bbCode. (14 Sep) Changed link from old Dropbox version to newer GitHub version.