[Draft] Maritime Assistance and Rescue Efforts

[Separatist Peoples]

"And from the moral hazard standpoint, there is no reason to put liens on people who did everything safely and ended up in trouble through circumstances beyond their control."

"I value the risk of no moral hazard to exceed the cost of one. You are welcome to personally satisfy the debts of any wrongfully indebted vessel if you disagree."

"Fines are a type of debt. A court-ordered debt is still a debt, and usually a priority debt. Your argument on this is factually incorrect."

Ooc: this is not the case in the real world. While a fine can create a debt, it is not conceptually a debt. That said, if you want to rp wank it as a debt, you go for it.

"You have addressed it in a way that is creating a difference beyond what actually exists. You have no factual reason for the liens to be placed on everyone or to say they are not a punishment."

"You are encouraged to vote against, ambassador. My position has been made clear. If you are unpersuaded, your remedy is to vote against. I will not further detract from my drafting efforts when I do not find your position persuasive."

[Trellania]

"I value the risk of no moral hazard to exceed the cost of one. You are welcome to personally satisfy the debts of any wrongfully indebted vessel if you disagree."

"Your proposal doesn't allow that, or I would not have been arguing about it this entire time."

Ooc: this is not the case in the real world. While a fine can create a debt, it is not conceptually a debt. That said, if you want to rp wank it as a debt, you go for it.

OOC: It actually is the case in the real-world. Certain laws actually do count court-ordered debts as debts, and they show up as an issue in bankruptcy where they act as priority debts that must be paid before other debts, such as credit cards. Fines are just one type; other priority debts include administration fees and court-ordered restitution. I didn't pick the term "priority debt" from nowhere, after all.

This isn't RP wank on this one.

"You are encouraged to vote against, ambassador. My position has been made clear. If you are unpersuaded, your remedy is to vote against. I will not further detract from my drafting efforts when I do not find your position persuasive."

"In that case, I wish you luck when this is submitted and I hope all goes well in your campaign."

[Separatist Peoples]

"I value the risk of no moral hazard to exceed the cost of one. You are welcome to personally satisfy the debts of any wrongfully indebted vessel if you disagree."

"Your proposal doesn't allow that, or I would not have been arguing about it this entire time."

"There's nothing preventing you from paying these people, ambassador."

OOC: It actually is the case in the real-world. Certain laws actually do count court-ordered debts as debts, and they show up as an issue in bankruptcy where they act as priority debts that must be paid before other debts, such as credit cards. Fines are just one type; other priority debts include administration fees and court-ordered restitution. I didn't pick the term "priority debt" from nowhere, after all.

This isn't RP wank on this one.

Ooc: it really is wank, based on my experience with both punicipal and collections law as an attorney, but it's really not relevant to this proposal.

Incidentally, you're using priority debt incorrectly under the auspices of secured transactions law. Bankruptcy law is statutory and specialized, and not relevant here.

[Separatist Peoples]

"The only colorable obstacle to this is the subject of the at vote repeal. Comments are welcome."

[Hulldom]

"The only colorable obstacle to this is the subject of the at vote repeal. Comments are welcome."

“How soon do you plan to submit this to the proper authorities who can set this to vote, Ambassador?”

[Separatist Peoples]

"The only colorable obstacle to this is the subject of the at vote repeal. Comments are welcome."

“How soon do you plan to submit this to the proper authorities who can set this to vote, Ambassador?”

"Between immediately and eventually, ambassador. Unfortunately, I cannot commit beyond that."

[The Wary Walrus]

Walter reviewed the proposal draft carefully, nodding with approval as he did so. As he finished reading the draft he looked up and asked

OROOO ROH ORRRROOOOO

His translator, shuffling through the draft idly and appreciating the meticulous spelling and grammar, relayed the question

Is there any intention of branching off with another draft to address such obligations in space travel? One could handle both in the same resolution, I suppose, though the clutter might be unpleasant.

[Separatist Peoples]

Walter reviewed the proposal draft carefully, nodding with approval as he did so. As he finished reading the draft he looked up and asked

OROOO ROH ORRRROOOOO

His translator, shuffling through the draft idly and appreciating the meticulous spelling and grammar, relayed the question

Is there any intention of branching off with another draft to address such obligations in space travel? One could handle both in the same resolution, I suppose, though the clutter might be unpleasant.

Bell listens attentively to Walter,. Waiting for the translator to finish. "No, ambassador, but I tried not to limit such future proposals given the technical disparity among nations. I wouldn't want to bankrupt a state that has just begin space travel with one accident."

[The Wary Walrus]

Walter reviewed the proposal draft carefully, nodding with approval as he did so. As he finished reading the draft he looked up and asked

OROOO ROH ORRRROOOOO

His translator, shuffling through the draft idly and appreciating the meticulous spelling and grammar, relayed the question

Is there any intention of branching off with another draft to address such obligations in space travel? One could handle both in the same resolution, I suppose, though the clutter might be unpleasant.

Bell listens attentively to Walter,. Waiting for the translator to finish. "No, ambassador, but I tried not to limit such future proposals given the technical disparity among nations. I wouldn't want to bankrupt a state that has just begin space travel with one accident."

Walter nodded agreeably and moved the resolution draft into his "Support" pile. While sinking ships were not a pressing concern amongst the Walrussian people, Walter was content that the resolution wouldn't place undue burdens on Walrussian shipping in its noble goal of assisting those less aquatically-inclined.

[Separatist Peoples]

Bump

[Texkentuck]

Maritime Assistance and Rescue Efforts

Regulation | Safety

Recognizing maritime travel and commerce bears inherent risks,

Believing that the cost of reciprocal obligations between member states are always outweighed by the gains of an international safety protocol to rescue vessels and persons,

Concerned that the risks of rescue to vessels bears a corresponding obligation of the rescued and society to offset those risks, and

Declaring that salvage operations are distinctly separate from rescue operations for the purposes of international regulation,

The World Assembly enacts the following:

“Vessel” means any vehicle that travels on or below the surface of a water body,

Member states must require vessels registered in their nations render, to the best of their ability, aid to any credible emergency request for aid that meets the following criteria:

1. The act of rendering aid will not place the vessel, its crew, or its passengers at credible risk of serious physical harm beyond the generalized risks of maritime travel;

2. The act of rendering aid does not credibly risk depletion of fuel, water, or sustenance necessary to maintain the safety and health of the crew or passengers below what is necessary to reach safety without assistance; and

3. The act of rendering aid will not divert the vessel from its current destination to a prior credible mayday request or interfere with another response to a credible mayday request.

All rescuing vessels are presumed capable of relaying an emergency request for aid to a vessel or entity capable of rescue as the vessel requesting aid requires.

Member states must further require vessels maintain logs that include, at minimum, the vessel’s daily path traveled, an estimate of remaining fuel range and stock of essential supplies, and records of any emergency request received to validate claims relative to maritime rescue.

Member states must allow the owner of a rescuing vessel, other than state-owned craft tasked with providing rescue services, to place and enforce a lien in the amount necessary to recoup:

• the cost of fuel used during rescue,
• the cost of medicine, water, and sustenance provided to rescued persons,
• the cost of repairs for any damage sustained during rescue, and
• the cost of medical expenses not otherwise insured for injuries sustained during rescue.

Lienholders may place the rescue lien, less any salvage claim they may have, on the following assets in the following order of priority to guarantee payment: on the assets of the owner of the rescued craft, the rescued craft itself, or against the value of the vessel’s commercial cargo. No such lien is enforceable against the personal property of the crew, passengers, or non-commercial cargo, except where a passenger or crew member is also an owner, in part or in whole, of the vessel or commercial cargo. Such liens will have priority over all other liens or encumbrances.

The General Accounting Office (GAO) establishes the Maritime Rescue Fund (MRF) to disburse funds accordingly:

• To reimburse rescuing vessels when a rescuer’s costs is not satisfied by the lien; and
• To fund the return of any rescued passengers or crew.

The GAO will ensure the MRF is adequately funded from the following sources in order of priority:

• Any General Assembly fines stemming from the violation of this resolution or any other resolution addressing maritime safety,
• Charitable contributions, and
• From the World Assembly General Fund.

Member states must allow the passengers and crew of rescued vessels legal entry and exit for the purpose of returning any rescued passengers to either the nation of their destination or origin, and any crew to their nation of either domicile, destination, or from which the rescuing vessel operates. This does not apply to captured prisoners of war, criminal suspects subject to a member state’s criminal jurisdiction or extradition policies, or any individual to whom member states have contradictory rights or obligations created by a General Assembly resolution.

"The Jedistino delegation is attempting to repeal extant law on maritime salvage. While I believe that this proposal can pass while extant law on maritime salvage exists, I believe that my legal position goes from arguable to unassailable upon its repeal. As such, I intend to submit this after the repeal of GAR#50.

"Further, I anticipate that this will fall best under Regulation | Safety. However, there is an argument in favor of Advancement of Industry | CE. I think that is a more tenuous argument, but the specific category has rarely been a concern for me. One is as good as the other.

"Finally, I recognize the formatting is terrible. That will be addressed in the future (ooc: when I am not hijacking work wifi)."

Our nation finds this proposal more beneficial than most other proposals that this WA has drawn up. Our nation of Texkentuck would support this initiative and the UCCR would vote for this proposal.

VonVorkinkophf scratches his head and takes a puff of his cigar then states-

One suggestion add in that if the person is found to have been a citizen of a foreign nation while being rescued, and clearly suspected of being a spy and stands trial is found guilty of being a foreign spy. The nation who rescued their spy gets compensated by the nation in which the spy originated... The extra fee goes to Maritime Assistance and Rescue and then passes into the possession of the nation who rescued the spy at sea. Add this in In receiving the fee the spy is released on a plane at the spies own expense which his government may have to fund...

Will your nation please consider adding that in too! Our nation wants to cut down the lousy clandestine operations in which spies get caught in our fishing nets!!!?

The UCCR and Maritime Rescued Efforts in Texkentuck risk their lives.....Please make this proposal solve two problems with one stone............

If such isn't added in our nation and nations of the like-


Ambassador- Gen. VonVorkinkophf
Texkentuck Monarchy Republic Federation
Union of Capitalist Conservative Republics

[Separatist Peoples]

Maritime Assistance and Rescue Efforts

Regulation | Safety

Recognizing maritime travel and commerce bears inherent risks,

Believing that the cost of reciprocal obligations between member states are always outweighed by the gains of an international safety protocol to rescue vessels and persons,

Concerned that the risks of rescue to vessels bears a corresponding obligation of the rescued and society to offset those risks, and

Declaring that salvage operations are distinctly separate from rescue operations for the purposes of international regulation,

The World Assembly enacts the following:

“Vessel” means any vehicle that travels on or below the surface of a water body,

Member states must require vessels registered in their nations render, to the best of their ability, aid to any credible emergency request for aid that meets the following criteria:

1. The act of rendering aid will not place the vessel, its crew, or its passengers at credible risk of serious physical harm beyond the generalized risks of maritime travel;

2. The act of rendering aid does not credibly risk depletion of fuel, water, or sustenance necessary to maintain the safety and health of the crew or passengers below what is necessary to reach safety without assistance; and

3. The act of rendering aid will not divert the vessel from its current destination to a prior credible mayday request or interfere with another response to a credible mayday request.

All rescuing vessels are presumed capable of relaying an emergency request for aid to a vessel or entity capable of rescue as the vessel requesting aid requires.

Member states must further require vessels maintain logs that include, at minimum, the vessel’s daily path traveled, an estimate of remaining fuel range and stock of essential supplies, and records of any emergency request received to validate claims relative to maritime rescue.

Member states must allow the owner of a rescuing vessel, other than state-owned craft tasked with providing rescue services, to place and enforce a lien in the amount necessary to recoup:

• the cost of fuel used during rescue,
• the cost of medicine, water, and sustenance provided to rescued persons,
• the cost of repairs for any damage sustained during rescue, and
• the cost of medical expenses not otherwise insured for injuries sustained during rescue.

Lienholders may place the rescue lien, less any salvage claim they may have, on the following assets in the following order of priority to guarantee payment: on the assets of the owner of the rescued craft, the rescued craft itself, or against the value of the vessel’s commercial cargo. No such lien is enforceable against the personal property of the crew, passengers, or non-commercial cargo, except where a passenger or crew member is also an owner, in part or in whole, of the vessel or commercial cargo. Such liens will have priority over all other liens or encumbrances.

The General Accounting Office (GAO) establishes the Maritime Rescue Fund (MRF) to disburse funds accordingly:

• To reimburse rescuing vessels when a rescuer’s costs is not satisfied by the lien; and
• To fund the return of any rescued passengers or crew.

The GAO will ensure the MRF is adequately funded from the following sources in order of priority:

• Any General Assembly fines stemming from the violation of this resolution or any other resolution addressing maritime safety,
• Charitable contributions, and
• From the World Assembly General Fund.

Member states must allow the passengers and crew of rescued vessels legal entry and exit for the purpose of returning any rescued passengers to either the nation of their destination or origin, and any crew to their nation of either domicile, destination, or from which the rescuing vessel operates. This does not apply to captured prisoners of war, criminal suspects subject to a member state’s criminal jurisdiction or extradition policies, or any individual to whom member states have contradictory rights or obligations created by a General Assembly resolution.

"The Jedistino delegation is attempting to repeal extant law on maritime salvage. While I believe that this proposal can pass while extant law on maritime salvage exists, I believe that my legal position goes from arguable to unassailable upon its repeal. As such, I intend to submit this after the repeal of GAR#50.

"Further, I anticipate that this will fall best under Regulation | Safety. However, there is an argument in favor of Advancement of Industry | CE. I think that is a more tenuous argument, but the specific category has rarely been a concern for me. One is as good as the other.

"Finally, I recognize the formatting is terrible. That will be addressed in the future (ooc: when I am not hijacking work wifi)."

Our nation finds this proposal more beneficial than most other proposals that this WA has drawn up. Our nation of Texkentuck would support this initiative and the UCCR would vote for this proposal.

VonVorkinkophf scratches his head and takes a puff of his cigar then states-

One suggestion add in that if the person is found to have been a citizen of a foreign nation while being rescued, and clearly suspected of being a spy and stands trial is found guilty of being a foreign spy. The nation who rescued their spy gets compensated by the nation in which the spy originated... The extra fee goes to Maritime Assistance and Rescue and then passes into the possession of the nation who rescued the spy at sea. Add this in In receiving the fee the spy is released on a plane at the spies own expense which his government may have to fund...

Will your nation please consider adding that in too! Our nation wants to cut down the lousy clandestine operations in which spies get caught in our fishing nets!!!?

The UCCR and Maritime Rescued Efforts in Texkentuck risk their lives.....Please make this proposal solve two problems with one stone............

If such isn't added in our nation and nations of the like-


Ambassador- Gen. VonVorkinkophf
Texkentuck Monarchy Republic Federation
Union of Capitalist Conservative Republics

"No, thank you."

[Separatist Peoples]

"Have we any other input or is this without flaw?"

[Old Hope]

"Have we any other input or is this without flaw?"

Without flaw? We don't think that's true.

Member states must allow the owner of a rescuing vessel, other than state-owned craft tasked with providing rescue services, to place and enforce a lien in the amount necessary to recoup:

• the cost of fuel used during rescue,
• the cost of medicine, water, and sustenance provided to rescued persons,
• the cost of repairs for any damage sustained during rescue, and
• the cost of medical expenses not otherwise insured for injuries sustained during rescue.

Hm. So not the costs caused by the diversion itself(e.g. cargo value depletion)...

The General Accounting Office (GAO) establishes the Maritime Rescue Fund (MRF) to disburse funds accordingly:

• To reimburse rescuing vessels when a rescuer’s costs is not satisfied by the lien; and
• To fund the return of any rescued passengers or crew.

These costs would fall under this clause, though. An oversight?

Lienholders may place the rescue lien, less any salvage claim they may have, on the following assets in the following order of priority to guarantee payment: on the assets of the owner of the rescued craft,

• the cost of fuel used during rescue,
• the cost of medicine, water, and sustenance provided to rescued persons,
• the cost of repairs for any damage sustained during rescue, and
• the cost of medical expenses not otherwise insured for injuries sustained during rescue.

That could be quite unsustainable for any maritime company/any nation-owned ships based in a developing nation(at least if the local currency is substantially less valuable). Barring developing nations from using international waters is not a good idea.

...
Lastly, maritime warfare.... you realize that this would force military ships to divert resources to rescue people instead of fulfilling their role in national security, even in times of war(at least in locations safe from enemy warfare).

[Separatist Peoples]

Hm. So not the costs caused by the diversion itself(e.g. cargo value depletion)...

"Correct. The risk of market fluctuations should not be born by rescuees."

These costs would fall under this clause, though. An oversight?

"No, they wouldn't."

That could be quite unsustainable for any maritime company/any nation-owned ships based in a developing nation(at least if the local currency is substantially less valuable). Barring developing nations from using international waters is not a good idea.

"The risk of disincentivizing rescue is a greater cost than requiring developing companies insure against loss."

...

Lastly, maritime warfare.... you realize that this would force military ships to divert resources to rescue people instead of fulfilling their role in national security, even in times of war(at least in locations safe from enemy warfare).

"Yes."

[Jedinsto]

"I think this is a sound draft, and you have my support, ambassador."

[Old Hope]

That could be quite unsustainable for any maritime company/any nation-owned ships based in a developing nation(at least if the local currency is substantially less valuable). Barring developing nations from using international waters is not a good idea.

"The risk of disincentivizing rescue is a greater cost than requiring developing companies insure against loss."

You usually make good arguments. This is not one of them. The costs for adequate insurance would be unsustainable - for developing member nations.

...

Lastly, maritime warfare.... you realize that this would force military ships to divert resources to rescue people instead of fulfilling their role in national security, even in times of war(at least in locations safe from enemy warfare).

"Yes."

That's a one size fits it all regulation.
Opposed.

[Sierra Lyricalia]

"The risk of disincentivizing rescue is a greater cost than requiring developing companies insure against loss."

You usually make good arguments. This is not one of them. The costs for adequate insurance would be unsustainable - for developing member nations.

"Just because a nation lacks substantial surplus wealth does not mean they are so incompetent at maritime operations that a reputable international insurer won't take their business. And just because a nation may not be able, today, to reimburse the rescuers of a stricken vessel, does not make them entirely destitute. This is not an argument against the proposal, it's a patronizing plea to think of the children in an international context. I urge the chamber to disregard the ambassador's statements."

...

Lastly, maritime warfare.... you realize that this would force military ships to divert resources to rescue people instead of fulfilling their role in national security, even in times of war(at least in locations safe from enemy warfare).

"Yes."

That's a one size fits it all regulation.
Opposed.

"That's not what 'one size fits all' means, ambassador."

[Separatist Peoples]

You usually make good arguments. This is not one of them. The costs for adequate insurance would be unsustainable - for developing member nations.

"Just because a nation lacks substantial surplus wealth does not mean they are so incompetent at maritime operations that a reputable international insurer won't take their business. And just because a nation may not be able, today, to reimburse the rescuers of a stricken vessel, does not make them entirely destitute. This is not an argument against the proposal, it's a patronizing plea to think of the children in an international context. I urge the chamber to disregard the ambassador's statements."

That's a one size fits it all regulation.
Opposed.

"That's not what 'one size fits all' means, ambassador."

Ooc: This. Old Hope, your arguments here demonstrate, as usual, a poor grasp of the subject matter. I will not be making edits to address your concerns.

[Old Hope]

Well, we think that the exceptions are not good enough.
Forcing military ships to divert during war with disregard to national security earns our opposition.

[Separatist Peoples]

Well, we think that the exceptions are not good enough.
Forcing military ships to divert during war with disregard to national security earns our opposition.

"Good. Your support would have indicated a problem with the draft.

"Being state actors with weapons does not obviate the extreme concern of protecting maritime commerce. Which is why the WA has taken past steps to protect maritime commerce at the expense of military efficacy. Military craft at risk of combat action are protected by exception 1. All other craft can and should render at least minimal aid as outlined within, which does not require delaying operations. Foreign entities abusing this duty to rescue violate extant law. It is hardly a surprise that you do not see this."

[The Lake-]

except where a passenger or crew member is also an owner, in part or in whole, of the vessel or commercial cargo.

so if the passenger has a pension fund that invested in a mutual fund that owns a share in a company that buys portion of thousands of maritime companies and one of those companies is a part owner of this ship...

[Separatist Peoples]

except where a passenger or crew member is also an owner, in part or in whole, of the vessel or commercial cargo.

so if the passenger has a pension fund that invested in a mutual fund that owns a share in a company that buys portion of thousands of maritime companies and one of those companies is a part owner of this ship...

"As the owner or part-owner, you benefit from the rescue directly. Ergo, you are also directly liable for the costs. Being merely a shareholder in the company is not the same as owning the company. Shareholders enjoy limited liability against loss. To the extent this theoretical passenger has a property interest, it is in the pension and not the vessel or cargo."

[Old Hope]

Foreign entities abusing this duty to rescue violate extant law. It is hardly a surprise that you do not see this."

We have considered this argument. We are surprised that you make it because the problem with that argument should be quite obvious for anyone well versed in international law.
The duty to comply with extant WA law does not apply to non-member nations.

[Separatist Peoples]

Foreign entities abusing this duty to rescue violate extant law. It is hardly a surprise that you do not see this."

We have considered this argument. We are surprised that you make it because the problem with that argument should be quite obvious for anyone well versed in international law.
The duty to comply with extant WA law does not apply to non-member nations.

"Member states have had to accommodate the lack of compliance among nonmembers since the world assembly was created. This was not a convincing argument in any other proposal requiring a duty to act and it is not now, given that extant law addressing perfidy also addresses this.

"Gotchyas only work when you have something of merit to argue."