[PASSED] Protections During Territorial Transitions v2.0
Posted: Sat Jul 02, 2022 11:36 am
by Daarwyrth
Representative Madelyne Zylkoven: "After having reviewed several of the projects that my predecessor had endeavoured to undertake, I have come to the conclusion that there is merit in attempting to continue work on the Protections During Territorial Transitions resolution draft. Naturally, the clause that had led to the resolution's unfortunate discarding has been rectified and altered appropriately.
Let it be known that this august body confirms that territorial transitions between member states may occur as part of trade agreements or other diplomatic proceedings, and that sovereign states have the right to manage their territory as they see fit;
Let it be further known that this international organisation applauds previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs, yet is left troubled about the fate of those inhabitants that must endure the effects of territorial transitions; and
Thus, the World Assembly enacts as follows:
For the purposes of this resolution, these terms will be defined in the following manner:
a "transition" as the transfer of territory from one sovereign state to another sovereign state resulting from economic, political or diplomatic proceedings and where at least one member nation either acquires or cedes territory;
a "receiving state" as a member state that acquires territory as a result of a transition;
a "ceding state" as a member state that cedes territory as a result of a transition;
an "affected inhabitant" as an inhabitant of any area of a member state that is directly affected by a transition;
Member states involved in a transition must inform affected inhabitants extensively and with sufficient advance notice on any jurisdictional changes that they will be subjected to as a result of a transition, and provide affected inhabitants with all other information relevant to that transition, and the changes it will inflict upon them, unless affected inhabitants have overtly communicated not to want such information or contact on the subject;
Ceding states must allow affected inhabitants who are unwilling to become the inhabitant of the receiving state as a result of a transition to relocate to another part of the ceding state that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections;
Ceding states must assist affected inhabitants who would be unable to see to their basic needs as a result of relocating within that state in line with their right as granted by Clause 3;
In cases of mass relocation as a result of a transition, or multiple transitions, which would cause a ceding state to be overwhelmed in terms of housing and the fulfilment of affected inhabitants' basic needs, Clauses 3 and 4 may be temporarily waived (and resolved through other suitable, temporary measures) until that state is no longer so overwhelmed;
Receiving states must offer affected inhabitants citizenship within their jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state;
Receiving states must automatically transfer any rights, privileges and duties that an affected inhabitant held in the ceding state, or grant them close equivalents to such rights, privileges and duties if such did not previously exist within the receiving state's jurisdiction;
Nothing in Articles 6 and 7 prevents receiving states from offering affected inhabitants new rights and privileges upon the finalisation of a transition;
Receiving states must grant inhabitants who have had their citizenship or right to residence transferred as a result of a transition, a period of acclimatisation to their change of jurisdiction, which must be of a fair length and grant them enough time to integrate into their new nation, and which should be taken into consideration by the authorities of the receiving state where appropriate and necessary;
Receiving states must provide affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance;
Both receiving and ceding states must ensure that the safety and wellbeing of affected inhabitants are not unduly infringed upon as a result of a transition;
All member nations involved in a transition must have the provisions of this resolution included in the treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members.
Protections During Territorial Transitions Category: Civil Rights | Strength: Mild
Let it be known that this august body confirms that territorial transitions between member states may occur as part of trade agreements or other diplomatic proceedings, and that sovereign states have the right to manage their territory as they see fit;
Let it be further known that this international organisation applauds previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs, yet is left troubled about the fate of those inhabitants that must endure the effects of territorial transitions; and
Thus, the World Assembly enacts as follows:
For the purposes of this resolution, these terms will be defined in the following manner:
a "transition" as the transfer of territory from one sovereign state to another sovereign state resulting from economic, political or diplomatic proceedings;
a "receiving state" as a sovereign state that acquires territory as a result of a transition;
a "ceding state" as a sovereign state that cedes territory as a result of a transition;
an "affected inhabitant" as an inhabitant of any area of a sovereign state that is directly affected by a transition;
Member states involved in a transition must inform affected inhabitants extensively and with sufficient advance notice on any jurisdictional changes that they will be subjected to as a result of a transition, and provide affected inhabitants with all other information relevant to that transition, and the changes it will inflict upon them, unless affected inhabitants have overtly communicated not to want such information or contact on the subject;
Ceding states must allow affected inhabitants who are unwilling to become the inhabitant of the receiving state as a result of a transition to relocate to another part of the ceding state that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections;
Ceding states must assist affected inhabitants who would be unable to see to their basic needs as a result of relocating within that state in line with their right as granted by Clause 3;
In cases of mass relocation as a result of a transition, or multiple transitions, which would cause a ceding state to be overwhelmed in terms of housing and the fulfilment of affected inhabitants' basic needs, Clauses 3 and 4 may be temporarily waived (and resolved through other suitable, temporary measures) until that state is no longer so overwhelmed;
Receiving states must offer affected inhabitants citizenship within their jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state;
Receiving states must automatically transfer any rights, privileges and duties that an affected inhabitant held in the ceding state, or grant them close equivalents to such rights, privileges and duties if such did not previously exist within the receiving state's jurisdiction;
Nothing in Articles 6 and 7 prevents receiving states from offering affected inhabitants new rights and privileges upon the finalisation of a transition;
Receiving states must grant inhabitants who have had their citizenship or right to residence transferred as a result of a transition, a period of acclimatisation to their change of jurisdiction, which must be of a fair length and grant them enough time to integrate into their new nation, and which should be taken into consideration by the authorities of the receiving state where appropriate and necessary;
Receiving states must provide affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance;
Both receiving and ceding states must ensure that the safety and wellbeing of affected inhabitants are not unduly infringed upon as a result of a transition;
All member nations involved in a transition must have the provisions of this resolution included in the treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members.
Protections During Territorial Transitions Category: Civil Rights | Strength: Mild
Let it be known that this august body confirms that territorial transitions between member states may occur as part of trade agreements or other diplomatic proceedings, and that sovereign states have the right to manage their territory as they see fit;
Let it be further known that this international organisation applauds previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs, yet is left troubled about the fate of those inhabitants that must endure the effects of territorial transitions; and
Thus, the World Assembly enacts as follows:
For the purposes of this resolution, these terms will be defined in the following manner:
a "transition" as the transfer of territory from one sovereign state to another sovereign state resulting from economic, political or diplomatic proceedings;
a "receiving state" as a sovereign state that acquires territory as a result of a transition;
a "ceding state" as a sovereign state that cedes territory as a result of a transition;
an "affected inhabitant" as an inhabitant of any area of a sovereign state that is directly affected by a transition;
Member states involved in a transition must inform affected inhabitants extensively and with sufficient advance notice on any jurisdictional changes that they will be subjected to as a result of a transition, and provide affected inhabitants with all other information relevant to that transition, and the changes it will inflict upon them, unless affected inhabitants have overtly communicated not to want such information or contact on the subject;
Ceding states must allow affected inhabitants who are unwilling to become the inhabitant of the receiving state as a result of a transition to relocate to another part of the ceding state that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections;
Ceding states must assist affected inhabitants who would be unable to see to their basic needs as a result of relocating within that state in line with their right as granted by Clause 3;
In cases of mass relocation as a result of a transition, or multiple transitions, which would cause a ceding state to be overwhelmed in terms of housing and the fulfilment of affected inhabitants' basic needs, Clauses 3 and 4 may be temporarily waived (and resolved through other suitable, temporary measures) until that state is no longer so overwhelmed;
Receiving states must offer affected inhabitants citizenship within their jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state;
Receiving states must automatically transfer any rights, privileges and duties that an affected inhabitant held in the ceding state, or grant them close equivalents to such rights, privileges and duties if such did not previously exist within the receiving state's jurisdiction;
Nothing in Articles 6 and 7 prevents receiving states from offering affected inhabitants new rights and privileges upon the finalisation of a transition;
Receiving states must grant inhabitants who have had their citizenship or right to residence transferred as a result of a transition, a period of acclimatisation to their change of jurisdiction, which must be of a fair length and grant them enough time to integrate into their new nation, and which should be taken into consideration by the authorities of the receiving state where appropriate and necessary;
Receiving states must provide affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance;
Both receiving and ceding states must ensure that the safety and wellbeing of affected inhabitants are not unduly infringed upon as a result of a transition;
All member nations involved in a transition must endeavour to have the provisions of this resolution included in the treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members.
Protections During Territorial Transitions Category: Civil Rights | Strength: Mild
Let it be known that this august body confirms that territorial transitions between member states may occur as part of trade agreements or other diplomatic proceedings, and that sovereign states have the right to manage their territory as they see fit;
Let it be further known that this international organisation applauds previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs, yet is left troubled about the fate of those inhabitants that must endure the effects of territorial transitions; and
Thus, the World Assembly enacts as follows:
For the purposes of this resolution, these terms will be defined in the following manner:
a "transition" as the transfer of territory from one sovereign state to another sovereign state resulting from economic, political or diplomatic proceedings;
a "receiving state" as a sovereign state that acquires territory as a result of a transition;
a "ceding state" as a sovereign state that cedes territory as a result of a transition;
an "affected inhabitant" as an inhabitant of any area of a sovereign state that is directly affected by a transition;
Member states involved in a transition must inform affected inhabitants extensively and with sufficient advance notice on any jurisdictional changes that they will be subjected to as a result of a transition, and provide affected inhabitants with all other information relevant to that transition, and the changes it will inflict upon them, unless affected inhabitants have overtly communicated not to want such information or contact on the subject;
Ceding states must allow affected inhabitants who are unwilling to become the inhabitant of the receiving state as a result of a transition to relocate to another part of the ceding state that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections;
Ceding states must assist affected inhabitants who would be unable to see to their basic needs as a result of relocating within that state in line with their right as granted by Clause 4;
In cases of mass relocation as a result of a transition, or multiple transitions, which would cause a ceding state to be overwhelmed in terms of housing and the fulfilment of affected inhabitants' basic needs, Clauses 4 and 5 may be temporarily waived (and resolved through other suitable, temporary measures) until that state is no longer so overwhelmed;
Receiving states must offer affected inhabitants citizenship within their jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state;
Receiving states must automatically transfer any rights, privileges and duties that an affected inhabitant held in the ceding state, or grant them close equivalents to such rights, privileges and duties if such did not previously exist within the receiving state's jurisdiction;
Receiving states must grant inhabitants who have had their citizenship or right to residence transferred as a result of a transition, a period of acclimatisation to their change of jurisdiction, which must be of a fair length and grant them enough time to integrate into their new nation, and which should be taken into consideration by the authorities of the receiving state where appropriate and necessary;
Receiving states must provide affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance;
Both receiving and ceding states must ensure that the safety and wellbeing of affected inhabitants are not unduly infringed upon as a result of a transition;
All member nations involved in a transition must endeavour to have the provisions of this resolution included in the treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members.
Protections During Territorial Transitions Category: Civil Rights | Strength: Mild
Let it be known that this august body confirms that territorial transitions between member states may occur as part of trade agreements or other diplomatic proceedings, and that sovereign states have the right to manage their territory as they see fit; and
Let it be further known that this international organisation applauds previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs, yet is left troubled about the fate of those inhabitants that must endure the effects of territorial transitions; and
Thus, the World Assembly enacts as follows:
For the purposes of this resolution, these terms will understood in the following manner:
a "transition" as the transfer of territory from one member state to another member state resulting from economic, political or diplomatic proceedings;
a "receiving state" as a member state that acquires territory as a result of a transition; and
a "ceding state" as a member state that cedes territory as a result of a transition; and
an "affected inhabitant" as an inhabitant of any area of a member state that is directly affected by a transition;
Member states involved in a transition must inform affected inhabitants extensively and with sufficient advance notice on any jurisdictional changes that they will be subjected to as a result of a transition, such as the rights and responsibilities that they will obtain and/or lose, and provide affected inhabitants with all other information relevant to that transition, and the changes it will inflict upon them, unless affected inhabitants have overtly communicated not to want such information or contact on the subject;
Ceding states must allow affected inhabitants who are unwilling to become the inhabitant of the receiving state as a result of a transition to relocate to another part of the ceding state that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections;
Ceding states must assist affected inhabitants who would be unable to see to their basic needs as a result of relocating within that state in line with their right as granted by Clause 4;
In cases of mass relocation as a result of a transition, or multiple transitions, which would cause a ceding state to be overwhelmed in terms of housing and the fulfilment of affected inhabitants' basic needs, Clauses 4 and 5 may be temporarily waived (and resolved through other suitable, temporary measures) until that state is no longer so overwhelmed;
Receiving states must offer affected inhabitants citizenship within their jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state;
Receiving states must automatically transfer any rights, privileges and duties that an affected inhabitant held in the ceding state, or grant them close equivalents to such rights, privileges and duties if such did not previously exist within the receiving state's jurisdiction;
Receiving states must grant inhabitants who have had their citizenship or right to residence transferred as a result of a transition, a period of acclimatisation to their change of jurisdiction, which must be of a fair length and grant them enough time to integrate into their new nation, and which should be taken into consideration by the authorities of the receiving state where appropriate and necessary;
Receiving states must provide affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance;
Both receiving and ceding states must ensure that the safety and wellbeing of affected inhabitants are not unduly infringed upon as a result of a transition.
All member nations involved in a transition must endeavour to have the provisions of this resolution included in the treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members.
Protections During Territorial Transitions Category: Civil Rights | Strength: Mild
The General Assembly,
Aware that territorial transitions between member states may occur as part of trade agreements or other diplomatic proceedings; and
Affirming that sovereign states have the right to manage their territory as they see fit; and
Applauding previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs; yet
Concerned about the fate of those inhabitants that must endure the effects of territorial transitions;
Hereby:
Defines, for the purposes of this resolution:
a "transition" as the transfer of territory from one member state to another member state resulting from economic, political or diplomatic proceedings;
a "receiving state" as a member state that acquires territory as a result of a transition; and
an "affected inhabitant" as an inhabitant of any area of a member state that is directly affected by a transition;
Mandates that member states inform affected inhabitants extensively and with sufficient advance notice on any jurisdictional changes that they will be subjected to as a result of a transition, such as the rights and responsibilities that they will obtain and/or lose, and provide affected inhabitants with all other information relevant to that transition, and the changes it will inflict upon them, unless affected inhabitants have overtly communicated not to want such information or contact on the subject;
Demands that affected inhabitants are offered citizenship by the receiving state if they held that status under the jurisdiction of their former nation of habitation, or any other equivalent right to residency that they enjoyed in their previous state;
Requires member states to allow affected inhabitants who are unwilling to become the inhabitant of another sovereign state as a result of a transition to relocate to another part of their nation that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections;
Instructs member states to assist affected inhabitants who would be unable to see to their basic needs as a result of relocating within that member state in line with their right as granted by Clause 4;
Clarifies that, in cases of mass relocation as a result of a transition, or multiple transitions, which would cause a nation to be overwhelmed in terms of housing and the fulfilment of affected inhabitants' basic needs, Clauses 4 and 5 may be temporarily waived (and resolved through other suitable, temporary measures) until that nation is no longer so overwhelmed;
Further requires receiving states to grant inhabitants who have had their citizenship or right to residence transferred as a result of a transition, a period of acclimatisation to their change of jurisdiction, which must be of a fair length and grant them enough time to integrate into their new nation, and which should be taken into consideration by the authorities of the receiving state where appropriate and necessary;
Tasks receiving states with providing affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance;
Also requires member nations to have the provisions of this resolution included in the treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members; and
Orders member states to ensure that the safety and wellbeing of affected inhabitants are not unduly infringed upon as a result of a transition.
Protections During Territorial Transitions Category: Civil Rights | Strength: Mild
The General Assembly,
Aware that territorial transitions between member states may occur as part of trade agreements or other diplomatic proceedings; and
Affirming that sovereign states have the right to manage their territory as they see fit; and
Applauding previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs; yet
Concerned about the fate of those inhabitants that must endure the effects of territorial transitions;
Hereby:
Defines, for the purposes of this resolution:
a "transition" as the transfer of territory from one member state to another member state resulting from economic, political or diplomatic proceedings;
a "receiving state" as a member state that acquires territory as a result of a transition; and
an "affected inhabitant" as an inhabitant of any area of a member state that is directly affected by a transition;
Mandates that member states inform affected inhabitants extensively and with sufficient advance notice on any jurisdictional changes that they will be subjected to as a result of a transition, such as the rights and responsibilities that they will obtain and/or lose, and provide affected inhabitants with all other information relevant to that transition, and the changes it will inflict upon them, unless affected inhabitants have overtly communicated not to want such information or contact on the subject;
Demands that affected inhabitants are offered citizenship by the receiving state if they held that status under the jurisdiction of their former nation of habitation, or any other equivalent right to residency that they enjoyed in their previous state;
Requires member states to allow affected inhabitants who are unwilling to become the inhabitant of another sovereign state as a result of a transition, to relocate to another part of their nation that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections;
Instructs member states to assist affected inhabitants who would be unable to see to their basic needs as a result of relocating within that member state in line with their right as granted by Clause 4;
Clarifies that, in cases of mass relocation as a result of a transition, or multiple transitions, which would cause a nation to be overwhelmed in terms of housing and the fulfilment of affected inhabitants' basic needs, Clauses 4 and 5 may be temporarily waived (and resolved through other suitable, temporary measures) until that nation is no longer so overwhelmed;
Further requires receiving states to grant inhabitants who have had their citizenship or right to residence transferred as a result of a transition, a period of acclimatisation to their change of jurisdiction, which must be of a fair length and grant them enough time to integrate into their new nation, and which should be taken into consideration by the authorities of the receiving state where appropriate and necessary;
Tasks receiving states with granting assistance that is free of charge in cases where affected inhabitants would request aid and/or guidance regarding affairs such as legal integration into their new jurisdiction, or the learning of the receiving state's official language(s);
Also requires member nations to have the provisions of this resolution included in the treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members; and
Orders member states to ensure that the safety and wellbeing of affected inhabitants are not unduly infringed upon as a result of a transition.
The comma after "transition" in Article 4 is unnecessary (and possibly incorrect).
What is the purpose of Article 7 acclimatisation? What legal benefits or disadvantages does it provide affected inhabitants with? Is this an attempt to - for example - clarify that receiving states should not punish new AIs harshly (or, at least, equivalently to their long-serving citizens) because they have commited a crime?
Article 8 does not require that the assistance given be relevant to the assistance sought. Consider "Tasks receiving states with providing affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance."
Posted: Sat Jul 02, 2022 1:41 pm
by The Ice States
Ooc: I'd say the title should be changed to "Protections In Territorial Transitions" so it's slightly less verbose
Regardless, support.
Posted: Sat Jul 02, 2022 9:18 pm
by Princess Rainbow Sparkles
“Before we reply in detail,” say Deputy Ambassador Roweina, “one very simple question:”
“Does this apply to conquests of war?”
Posted: Sat Jul 02, 2022 10:39 pm
by West Barack and East Obama
Dr Justin Obama, Deputy Minister of Foreign Affairs: It seems odd to limit clauses 4 and 5 to transitions between member states only. What about those between member states and non members? Would inhabitants not need to be relocated either?
Posted: Sat Jul 02, 2022 11:28 pm
by Daarwyrth
Princess Rainbow Sparkles wrote:“Before we reply in detail,” say Deputy Ambassador Roweina, “one very simple question:”
“Does this apply to conquests of war?”
Representative Wentapelloven: "Conquest of war is not mentioned in Clause 1a. However, as civilised nations that have agreed to be a part of an international collective that aspires mutual collaboration instead of destruction, I would vehemently hope that any armed conflict would be resolved through diplomatic means between member states. Should such diplomatic proceedings lead to territorial transitions, then yes, this resolution would apply."
West Barack and East Obama wrote:Dr Justin Obama, Deputy Minister of Foreign Affairs: It seems odd to limit clauses 4 and 5 to transitions between member states only. What about those between member states and non members? Would inhabitants not need to be relocated either?
"My dear Ambassador, the answer is quite simple. As you well know, the WA doesn't have the competency to legislate non-members. It is why non-members choose to be non-members: our laws and regulations don't apply to them. Which is why Clause 9 exists, which is the closest the WA can come to ensure this resolution will apply between dealings between members and non-members."
Posted: Sun Jul 03, 2022 12:46 pm
by The Orwell Society
Full support. Also, how has Bears co-authored this? I thought he wasn't participating in the WA anymore. Did he author the previous draft and gave you permission to take over? If so, can I see the forum thread (if there is one) of his attempt?
Posted: Sun Jul 03, 2022 1:32 pm
by Tinhampton
The Orwell Society wrote:how has Bears co-authored this?
The rule violation has been fixed, as far I can see. I see no reason why this can't succeed!
Posted: Sun Jul 03, 2022 4:10 pm
by Anne of Cleves in TNP
“I support this in principle, however the proposal itself was a mouthful for me to process. If the authoring delegation could shorten this down to 6-7 clauses, that would be delightful.” -Ms. Charlotte Schafer, WA Ambassador for the Clevesian Empire
The comma after "transition" in Article 4 is unnecessary (and possibly incorrect).
What is the purpose of Article 7 acclimatisation? What legal benefits or disadvantages does it provide affected inhabitants with? Is this an attempt to - for example - clarify that receiving states should not punish new AIs harshly (or, at least, equivalently to their long-serving citizens) because they have commited a crime?
Article 8 does not require that the assistance given be relevant to the assistance sought. Consider "Tasks receiving states with providing affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance."
Representative Wentapelloven: "We'd like to express our gratitude for these suggestions, and they have been worked into the new version of the draft.
As to your question about Article 7, the aim is indeed to ensure that new AI's won't have to suffer the harshest of consequences for new laws and regulations they may not have been familiar with or accustomed to. Of course, such would not apply to laws that are commonplace across states and nations, such as theft, murder, arson and so on. However, suppose that State X has a law that demands its inhabitants walk their dog with a green leash on sundays and punishes offenses severely, yet an AI from State Y has never been familiair with such a law, then I believe it would be reasonable to take a period of acclimation into account regarding such situations, where first time offenses for example aren't treated as harshly."
Anne of Cleves in TNP wrote:“I support this in principle, however the proposal itself was a mouthful for me to process. If the authoring delegation could shorten this down to 6-7 clauses, that would be delightful.” -Ms. Charlotte Schafer, WA Ambassador for the Clevesian Empire
"As the resolution draft gathers more commentary and feedback, my delegation will have a look at shortening some of the clauses or merging them where and if possible."
Posted: Mon Jul 04, 2022 3:32 pm
by Imperium Anglorum
"Ambassador, a few notes. This proposal would be much clearer and shorter if it were in statute style. I think that my delegation may have some relevant documents on that if you want them, but I am sure that you will be able to consider that adequately."
"As to matters previously raised...", Blythe looks through some minutes of an unclear and garbled discussion to him given by a lictor relating to a previous discussion on the topic, "we will note that your proposal still retains no automatic conversion of rights for rights and the lack of clarity related to 'relocation'". Continuing, "We dislike the lack of clarity in certain clauses, which give responsibilities to 'member nations' as a collective that seemingly may be meant to apply to each individual member nation; this is exacerbated by inconsistent usage of 'receiving state'. We hope this lack of clarity can be resolved quickly so we can give meaningful feedback".
C Marcius Blythe Tr Rep'r RPQIA CM
Posted: Tue Jul 05, 2022 12:11 pm
by Chipoli
OOC: Support in principle, but adding on to IA's suggestion, a bit more clarity would be great.
Posted: Tue Jul 05, 2022 1:07 pm
by Spiderman
Says the Ambassaspider, after envisioning possible interweb transitions, "The proposal mentions 'previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs.' Maybe it's because I, uh, very recently crawled into the chambers, but is this referring to any particular legislation whatsoever? If so, I feel that linking said legislation(s) in the proposal could help justify or strengthen its introduction."
Posted: Tue Jul 05, 2022 2:31 pm
by Imperium Anglorum
Spiderman wrote:Says the Ambassaspider, after envisioning possible interweb transitions, "The proposal mentions 'previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs.' Maybe it's because I, uh, very recently crawled into the chambers, but is this referring to any particular legislation whatsoever? If so, I feel that linking said legislation(s) in the proposal could help justify or strengthen its introduction."
We believe the resolution alluded to is probably GA 344 Minimum Standard of Living Act. Direct allusion may have been avoided from deference to old-style drafting conventions, but I will note that previous resolutions can be directly referenced these days.
Spiderman wrote:Says the Ambassaspider, after envisioning possible interweb transitions, "The proposal mentions 'previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs.' Maybe it's because I, uh, very recently crawled into the chambers, but is this referring to any particular legislation whatsoever? If so, I feel that linking said legislation(s) in the proposal could help justify or strengthen its introduction."
We believe the resolution alluded to is probably GA 344 Minimum Standard of Living Act. Direct allusion may have been avoided from deference to old-style drafting conventions, but I will note that previous resolutions can be directly referenced these days.
Gaius Marcius Blythe Tr Rep'r CM
"I understand perfectly, appreciated," responds Spiderman, meeting Representative Blythe's handshake.
Posted: Mon Jul 18, 2022 6:58 am
by Daarwyrth
Zylkoven: "My delegation has endeavoured to produce a new draft that hopefully addresses the critiques and remarks offered previously. We have opted to sacrifice literary aesthetics for clarity, which is why some of the clauses may begin a bit dully. Yet, we feel that this will increase the clarity that was previously mentioned to be somewhat lacking, and for that reason we have also rearranged the clauses to be grouped together. We have also followed the advice offered by Representative Blythe and adopted the statute style for the resolution proposal, and included a clause that should constitute an automatic "right for right" conversion. As such, new feedback and commentary would be most appreciated."
Posted: Mon Jul 18, 2022 7:33 am
by Tinhampton
Not every non-standalone clause needs to be suffixed with "and."
Article 2 requires receiving and ceding states to inform affected inhabitants about "the rights and responsibilities that they will obtain and/or lose." However, Article 7 already requires that receiving states grant affected inhabitants all of the rights they enjoyed in their ceding state.
What is the point of Article 11? (Also, you want PDTT's provisions integrated into "treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members" despite the fact that Article 1a defines a transition as taking place between two member states.)
Joe lives on the Tinhamptonian Barrier Islands, which are ceded to Daarwyrth in accordance with this resolution. Suppose that Joe was an illegal immigrant who was targetted for deportation by the Tinhamptonian government. Does Article 6 thus bind the Daarwyrthian government into treating Joe as an illegal immigrant (and presumably acting accordingly)?
More feedback coming soonish.
Posted: Mon Jul 18, 2022 8:00 am
by Daarwyrth
Tinhampton wrote:Not every non-standalone clause needs to be suffixed with "and."
"Hopefully we have addressed the issue of "and" after non-standalone clauses properly."
Tinhampton wrote:Article 2 requires receiving and ceding states to inform affected inhabitants about "the rights and responsibilities that they will obtain and/or lose." However, Article 7 already requires that receiving states grant affected inhabitants all of the rights they enjoyed in their ceding state.
"Thank you for pointing out this oversight, we have amended it by removing that part of the clause."
Tinhampton wrote:What is the point of Article 11? (Also, you want PDTT's provisions integrated into "treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members" despite the fact that Article 1a defines a transition as taking place between two member states.)
"The point of Article 11 is to ensure that the provisions of this treaty will also be included when a WA member state is engaged in a territorial transition with a non-member state. As you well know, the WA can't mandate the non-member state, but it can ensure that - at least from the side of the member state - the protections granted by this resolution will be endeavoured to be included into any relevant treaty that may arise between those two states. To reflect this, we have altered the definitions from "member state" to "sovereign state" in Articles 1a to 1d."
Tinhampton wrote:Joe lives on the Tinhamptonian Barrier Islands, which are ceded to Daarwyrth in accordance with this resolution. Suppose that Joe was an illegal immigrant who was targetted for deportation by the Tinhamptonian government. Does Article 6 thus bind the Daarwyrthian government into treating Joe as an illegal immigrant (and presumably acting accordingly)?
"This is a situation that our delegation had not envisioned previously. If I were to interpret this situation under the current text of the resolution, I would say that Joe didn't have any citizenship rights in Tinhampton, and so - per this resolution - he would not receive any under Daarwyrthian law. It depends on how "illegal immigrant" is determined: is it a separate legal status on its own, or is it a status denoting a lack of citizenship? If it is a legal status, then per this resolution that status would be transferred upon the transition. If it is a lack of citizenship, then a right that does not exist cannot be transferred, can it? If Tinhampton had a procedures in the works to deport Joe, and if in that instant the transition took place, then the resolution would indeed dictate that such would be continued by Daarwyrth. I admit, I had not thought of this scenario previously, but hopefully this answers your question. Should we include a provision about this scenario into the text of the resolution? If so, what solution would you propose to the scenario in question?"
Posted: Wed Jul 20, 2022 1:18 am
by Tinhampton
RE the Joe scenario: I was attempting to call attention to what is now Article 6 ("Receiving states must offer affected inhabitants citizenship within their jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state"). If Joe is a non-citizen who entered Tinhampton illegally, then he has no "right of residency" in Tinhampton and Daarwyrth must therefore treat him accordingly, no matter whether Joe or the Daarwyrthian government wants Joe to become a citizen or legal resident of Daarwyrth (never mind an asylum seeker) after the Barrier Islands are ceded. By my understanding, member states generally have a great deal of leeway in determining matters of citizenship and immigration; it would seem somewhat absurd to ban receiving states from granting amnesty to illegal immigrants of their own accord. (Perhaps clarify that nothing in Article 6 is to be read as forbidding receiving states from allowing all affected inhabitants to remain in their country - subject to the Article 5 overwhelming condition if you feel as though that could be a problem.)
RE everything else: Thanks. Although I wonder whether the changes in Article 1 will lead to the WA attempting to directly regulate the affairs of non-WA states (which it cannot legally do).
Posted: Wed Jul 20, 2022 2:37 am
by Daarwyrth
Tinhampton wrote:RE the Joe scenario: I was attempting to call attention to what is now Article 6 ("Receiving states must offer affected inhabitants citizenship within their jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state"). If Joe is a non-citizen who entered Tinhampton illegally, then he has no "right of residency" in Tinhampton and Daarwyrth must therefore treat him accordingly, no matter whether Joe or the Daarwyrthian government wants Joe to become a citizen or legal resident of Daarwyrth (never mind an asylum seeker) after the Barrier Islands are ceded. By my understanding, member states generally have a great deal of leeway in determining matters of citizenship and immigration; it would seem somewhat absurd to ban receiving states from granting amnesty to illegal immigrants of their own accord. (Perhaps clarify that nothing in Article 6 is to be read as forbidding receiving states from allowing all affected inhabitants to remain in their country - subject to the Article 5 overwhelming condition if you feel as though that could be a problem.)
Zylkoven: "It is the hope of our delegation that the new Article 8 solves the issue you have raised appropriately."
Tinhampton wrote:RE everything else: Thanks. Although I wonder whether the changes in Article 1 will lead to the WA attempting to directly regulate the affairs of non-WA states (which it cannot legally do).
"The changes and use of 'sovereign state' aren't meant to regulate the affairs of non-WA states, but of course I understand the current iteration of the text may have different effects than desired. As such, we would appreciate more input from other delegations as to what their thoughts are on this particular issue."
Posted: Sat Jul 02, 2022 11:36 am
