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[SUA SPONTE CHALLENGE] Framework For Proper Financial ....

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Bananaistan
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[SUA SPONTE CHALLENGE] Framework For Proper Financial ....

Postby Bananaistan » Thu Apr 15, 2021 1:40 am

Submitted proposal

Drafting thread

Per section 2 of GenSec's procedures, we have voted to review this proposal on the basis of the category rule. This proposal is submitted under the Regulation category and the Legal Reform area of effect.

The description for the Legal Reform AoE is:
Regulate the legal industry, public and private, for access to justice for all.


The net effect of the proposal is some small elements of regulation of auditors. There does not appear to be anything in the proposal that impacts the legal industry.

Opinions of the community and discussion are welcome.
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Araraukar
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Postby Araraukar » Thu Apr 15, 2021 2:19 am

Also, if I remember the coder's justification, the net effect of the AoE is meant to make it easier to sue people? That is, it suppresses the legal industry that are mostly lawyers. I might go trawling for that post when back at computer.

So, at least wrong AoE in my opinion.

And in addition AoE proposals (aside from that one in Environmental) are supped to have minimum of Significant strength. So, no, not strong enough either.
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Outer Sparta
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Postby Outer Sparta » Thu Apr 15, 2021 7:49 am

Yeah I'm not even sure if it fits the legal reform parameters given that it's intended effect is to regulate auditors and finance, not anyone in the legal industry.
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Sierra Lyricalia
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Postby Sierra Lyricalia » Fri Apr 16, 2021 6:43 pm

Bananaistan wrote:The description for the Legal Reform AoE is:
Regulate the legal industry, public and private, for access to justice for all.


As written some other place, I have been trying to be less nitpicky about categories, but the proposal in question does literally nothing to advance regulations for the legal industry, public or private. Audits of the type advanced by the proposal are primarily financial, not legal.* Since financial audits are carried out with the intent of keeping the auditee solvent and honest, and financial institutions requiring audits are a core part of many nations' economic structure, the clear best (only, really) category/AoE for this proposal is Consumer Protection.

I'm open to counter-arguments, but I see none convincing from where I sit.


*
...and all misconduct contemplated by the proposal is financial, even if some of it may be grounds for criminal prosecution (i.e. intervention by the legal system). These are crimes of finance - numbers and allocations - not bad law enforcement or courtroom behavior, or improper barriers to litigation, or the like. These latter are the bailiwick of Legal Reform, and none of them is implicated in the proposal.
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Separatist Peoples
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Postby Separatist Peoples » Fri Apr 16, 2021 9:31 pm

Sierra Lyricalia wrote:
Bananaistan wrote:The description for the Legal Reform AoE is:
Regulate the legal industry, public and private, for access to justice for all.


As written some other place, I have been trying to be less nitpicky about categories, but the proposal in question does literally nothing to advance regulations for the legal industry, public or private. Audits of the type advanced by the proposal are primarily financial, not legal.* Since financial audits are carried out with the intent of keeping the auditee solvent and honest, and financial institutions requiring audits are a core part of many nations' economic structure, the clear best (only, really) category/AoE for this proposal is Consumer Protection.

I'm open to counter-arguments, but I see none convincing from where I sit.

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Bananaistan
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Postby Bananaistan » Sat Apr 17, 2021 12:55 pm

*** General Assembly Secretariat Decision ***
Challenged Proposal: Framework For Proper Financial Reporting Standards
Date of Decision: 17 April 2021
Decision: Proposal is illegal, 3-0
Rules Applied: Category

Opinion pending.
Delegation of the People's Republic of Bananaistan to the World Assembly
Head of delegation and the Permanent Representative: Comrade Ambassador Theodorus "Ted" Hornwood
General Assistant and Head of Security: Comrade Watchman Brian of Tarth
There was the Pope and John F. Kennedy and Jack Charlton and the three of them were staring me in the face.
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Imperium Anglorum
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Postby Imperium Anglorum » Sat Jun 05, 2021 12:38 pm

I was looking at the Ops sheet. And update on this Op?

Author: 1 SC and 56+ GA resolutions
Maintainer: GA Passed Resolutions
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Sierra Lyricalia
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Postby Sierra Lyricalia » Wed Jan 05, 2022 3:40 pm

*** Opinion of the Secretariat ***

Opinion written by Separatist Peoples, joined by Bananaistan, Grays Harbor, Sierra Lyricalia. Bears Armed abstained and Sciongrad was absent. Again, Imperium Anglorum did not substantively engage in this discussion.

We are asked to address a category issue for the challenged proposal. This proposal was submitted under the Regulation category and the Legal Reform area of effect.

The Legal Reform AOE is intended to: “Regulate the legal industry, public and private, for access to justice for all.:
However, the net effect of this proposal involves regulating auditors for auditors, including creation of international, independent agencies of auditors, intended to inspect accounts for compliance with financial rules.
While regulation of financial transactions may have a minute effect on the legal industry, regulating an ancillary industry and calling it regulation of another is too far a stretch to meet the category in question, even considering the preference in favor of authorial liberty in category selection. Simply, there is no plausible interpretation of the AOE, based in understood statistics or textual description, that squares with the proposal.
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