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[PASSED] Ship recycling and breaking protocols

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Simone Republic
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[PASSED] Ship recycling and breaking protocols

Postby Simone Republic » Mon Aug 29, 2022 11:20 pm

Submission

This has gone to submission.

The submission proof had minor wording changes vs previous draft 4. I changed the wording of clause 5 back to a mandatory requirement since it does not appear to have significant push back. I also changed the wording of the insurance carrier slightly to prevent the technicality of a thinly capitalized insurer insuring a sinking ship. There's also a line that says that the shipping registry is subject to the rules of the relevant WA member state, since IRL shipping registries are very strictly a matter reserved to the relevant state.

The category was changed from "Manufacturing" to "All Business - Mild" as shipping does not neatly fit into manufacturing - commodities shipping affects mining/logging etc as well. I changed the title around as "Ship Recycling and Breaking" rather than "Ship Breaking and Recyling".


Category: "Environmental/All-Business" "Mild".

The World Assembly,

Recognizing its efforts to protect the seas (GAR#168, GAR#409), to promote recycling (GAR#511), and resolutions on labor rights and trade;

Concerned that, with ever more ships plying the waters, no effective rules exist on the recycling of ships at the end of their useful lives;

Noting that ship recycling yard workers may be exposed to potential hazardous materials which may pose significant negative risks to their health;

Anxious that, with many bodies of water connected across the multi-verse, pollution from a member state may still harm the well-being of another member state;

Hereby enacts as follows:

  1. For the purposes of this Resolution:

    1. "WA vessel" means a ship either (i) duly registered to the competent authority of a WA member state with relevant information on the ship duly recorded by the WA member state, in accordance with that state's requirements and/or (ii) asserted by the said member state to be subject to its jurisdiction thereof;
    2. "Flag state" means the WA member state for which a WA vessel is duly registered on its registry and/or asserted by the said WA member state to be subject to its jurisdiction; and
    3. "WA yard" means a breaking and recycling yard located within a WA member state.
  2. The World Assembly Nautical Commission (WANC) shall set forth, and update from time to time as it deems fit:

    1. (I) regulations, (II) procedures and (III) recommendations on service levels and best practices on safe and environmentally-friendly ways to recycle WA vessels, including technical rules and requirements on design, construction, and operations of WA vessels and WA yards and the handling of potentially hazardous materials;
    2. A database for sharing latest research, advanced technologies and developed best practices between WA members, subject to regulations on copyright and intellectual property;
    3. requirements to (re)confirm the safety and capability of a WA vessel prior to and for its final voyage to a WA yard for recycling;
    4. requirements that flag state must ensure that its WA vessels carries sufficient insurance with an insurance underwriter that the flag state deems to be well capitalized, prior to setting off on its final voyage to a WA yard for recycling to compensate for any potential incidents en route, including any salvage and clean-up costs and compensation paid to any other WA states affected on this voyage;
    5. requirements that any new WA vessels to compile and maintain (and for existing vessels, compile and maintain to the fullest extent possible) an updated inventory of potentially hazardous materials used in its construction, modification and/or repairs to aid the WA yard during breaking and recycling; and
    6. templates for "Recycling Plans" for WA yards, to be updated from time to time, detailing how various kinds of WA vessels will be recycled in a safe and environmentally-friendly manner, including the safe handling of potentially hazardous materials.
  3. WA yards are required, for each recycling of a WA vessel, to:

    1. complete such a "Recycling Plan" stated in Clause (2)(f) specific to that WA vessel, using the latest templates from WANC;
    2. for such a Plan to be approved by a competent authority of the WA member where the WA yard is located prior to the start of work; and
    3. for the aforesaid competent authority to enforce compliance of the said Plan.

  4. WA yards recycling non WA vessels, or vessels not built according to WANC rules, are required to comply with local rules or WANC rules, whichever is stricter, to the maximum technical extent possible.

  5. WA members shall recycle their WA vessels in WA yards, and not at non-WA member states, unless the WA member is satisfied that the non-WA member state adheres to standards for recycling at least as stringent as WANC rules.

  6. Flag states may not permit the re-registration of a WA vessel to a non-WA member state, or abandon its claims to subject a particular vessel to its jurisdiction thereof, if the competent authority of the flag state independently determine after due process that the re-registration is primarily for the purpose of circumventing WANC rules.




Draft 4 below

Category: "Environmental/Manufacturing" "Mild".

The World Assembly,

Recognizing its efforts to protect the seas (GAR#168, GAR#409), to promote recycling (GAR#511), and resolutions on labor rights and trade;

Concerned that, with ever more ships plying the waters, no effective rules exist on the recycling of ships at the end of their useful lives;

Noting that ship recycling yard workers may be exposed to potential hazardous materials which may pose significant negative risks to their health;

Anxious that, with many bodies of water connected across the multi-verse, pollution from a WA member state may still harm the well-being of another WA member state;

Hereby enacts as follows:

  1. For the purposes of this Resolution:

    1. "WA vessel" to mean a ship duly registered to the shipping registry of a WA member state and/or asserted by the said member state to be subject to its jurisdiction thereof;
    2. "Flag state" to mean the WA member state for which a WA vessel is on its registry and/or asserted by the said member state to be subject to its jurisdiction; and
    3. "WA yard" means a breaking and recycling yard located within a WA member state.
  2. The World Assembly Nautical Commission (WANC) shall set forth, and update from time to time as it deems fit:

    1. rules and best practices on safe and environmentally-friendly practices on the recycling of WA vessels, including technical rules on design, construction, and operations of WA vessels and WA yards and the handling of potentially hazardous materials;
    2. requirements to (re)confirm the safety and capability of a WA vessel prior to and for its final voyage to a WA yard for recycling;
    3. requirements that flag state must ensure that its WA vessels carries adequate insurance prior to setting off on its final voyage to a WA yard for recycling to compensate for any potential incidents en route, including any salvage and clean up costs;
    4. requirements that any new WA vessels to compile and maintain (and for existing vessels, compile and maintain to the fullest extent possible) an updated inventory of potentially hazardous materials used in its construction, modification and/or repairs to aid the WA yard during breaking and recycling; and
    5. templates for "Recycling Plans" for WA yards, to be updated from time to time, detailing how various kinds of WA vessels will be recycled in a safe and environmentally-friendly manner, including the safe handling of potentially hazardous materials.
  3. WA yards are required, for each recycling of a WA vessel, to:

    1. complete such a "Recycling Plan" stated in Clause (2)(e) specific to that WA vessel, using the latest templates from WANC;
    2. for such a Plan to be approved by a competent authority of the WA member where the WA yard is located prior to the start of work; and
    3. for the aforesaid competent authority to enforce compliance of the said Plan.

  4. WA yards recycling non WA vessels, or vessels not built according to WANC rules, are required to comply with local rules or WANC rules, whichever is stricter, to the maximum technical extent possible.

  5. WA members are strongly encouraged to require that their WA vessels are recycled in WA yards, and not at non-WA member states, unless the WA member is satisfied that the non-WA member state adheres to standards for recycling at least as stringent as WANC rules.

  6. Flag states may not permit the re-registration of a WA vessel to a non-WA member state, or abandon its claims to subject a particular vessel to its jurisdiction thereof, if the competent authority of the flag state independently determine after due process that the re-registration is primarily for the purpose of circumventing WANC rules.




Draft 3 below.

Category: "Environmental/Manufacturing" "Mild".

The World Assembly,

Recognizing its efforts to protect the seas (GAR#168, GAR#409), to promote recycling (GAR#511), and resolutions on labor rights and trade;

Concerned that, with ever more ships plying the waters, no effective rules exist on the recycling of ships at the end of their useful lives;

Noting that ship recycling yard workers may be exposed to hazardous materials which may pose significant risks to their health;

Anxious that, with many bodies of water connected across the multi-verse, pollution from a WA member state may still harm the well-being of another WA member state;

Hereby enacts as follows:

  1. For the purposes of this Resolution:

    1. "WA vessel" to mean a ship duly registered to the shipping registry of a WA member state and/or subject to its jurisdiction thereof;
    2. "Flag state" to mean the WA member state for which a WA vessel is on its registry; and
    3. "WA yard" means a breaking and recycling yard located within a WA member state.
  2. The World Assembly Nautical Commission (WANC) shall set forth, and update from time to time as it deems fit:

    1. rules on safe and environmentally-friendly practices on the recycling of WA vessels, including technical rules on design, construction, and operations of WA vessels and WA yards;
    2. requirements to (re)confirm the safety and capability of a WA vessel prior to and for its final voyage to a WA yard for recycling;
    3. requirements that flag state must ensure that a WA vessel on its registry carries adequate insurance prior to setting off on its final voyage to a WA yard for recycling to compensate for any potential incidents en route, including any salvage and clean up costs;
    4. requirements that any new WA vessels to compile and maintain (and for existing vessels, compile and maintain to the fullest extent possible) an updated inventory of hazardous materials used in its construction, modification and/or repairs to aid the WA yard during breaking and recycling; and
    5. templates for "Recycling Plans" for WA yards, to be updated from time to time, detailing how various kinds of WA vessels will be recycled in a safe and environmentally-friendly manner, including the safe handling of potentially hazardous materials.
  3. WA yards are required, for each recycling of a WA vessel, to:

    1. complete such a "Recycling Plan" stated in Clause (2)(e) specific to that WA vessel, using the latest templates from WANC;
    2. for such a Plan to be approved by a competent authority of the WA member where the WA yard is located prior to the start of work; and
    3. for the aforesaid competent authority to enforce compliance of the said Plan.

  4. WA yards recycling non WA vessels, or vessels not built according to WANC rules, are required to comply with local rules or WANC rules, whichever is stricter, to the maximum technical extent possible.

  5. WA members are strongly encouraged to require that their WA vessels are recycled in WA yards, and not at non-WA member states, unless the WA member is satisfied that the non-WA member state adheres to standards for recycling at least as stringent as WANC rules.

  6. Flag states may not permit the re-registration of a WA vessel to a non-WA member state if the competent authority of the flag state independently determine after due process that the re-registration is primarily for the purpose of circumventing WANC rules.


Draft 2 below

The World Assembly,

Recognizing its efforts to protect the seas (GAR#168, GAR#409), to promote recycling (GAR#511) and resolutions on labor rights and trade;

Concerned that, with ever more ships plying the waters, no effective rules exist on the recycling of ships at the end of their useful lives;

Note that ship recycling is a potentially dangerous occupation and involves handling hazardous materials such as olychlorinated biphenyls, tributyltins and others, improper handling of which may raise the risk of mesothelioma and other illnesses for yard workers;

Defining, for the purposes of this Resolution:

  • "WA vessel" to mean a ship registered to a WA member state;
  • "Flag state" to mean the WA member state for which a WA vessel is on its registry;
  • "WA yard" means a breaking and recycling yard located within a WA member state;

Hereby requires that:

1. The World Assembly Nautical Commission (WANC) sets forth, and update from time to time as it deems fit:

(i) rules on safe and environmentally-friendly practices on the recycling of WA vessels, including technical rules on design, construction, and operations of WA vessels and WA yards;

(ii) requirements to confirm the safety and capability of a WA vessel prior to and for its final voyage to a WA yard for recyling;

(iv) requirements that flag state must ensure that a WA vessel on its registry carries adequate insurance prior to setting off on its final voyage to a WA yard for recycling to compensate for any potential incidents en route, including any salvage and clean up costs;

(iii) requirements that any new WA vessels to compile and maintain (and for existing vessels, compile and maintain to the fullest extent possible) an updated inventory of hazardous materials used in its construction, modification and/or repairs to aid the WA yard during breaking and recycling;

(iv) templates for "Recycling Plans" for WA yards, to be updated from time to time, detailing how various kinds of WA vessels will be recycled in a safe and environmentally-friendly manner, including the safe handling of potentially hazardous materials;

2. WA yards are required to, each time it recycles a WA vessel, to complete such a "Recycling Plan" stated in Clause (1)(iv) specific to that WA vessel, using the latest template set forth by WANC, for approval by a competent authority of the WA member where the WA yard is located, and for the said authority to enforce compliance of the said Plan;

3. WA yards recycling non WA vessels, or vessels not built according to WANC rules, are required to comply with local rules or WANC rules, whichever is stricter, to the maximum technical extent possible;

4. WA members must recycle their own WA vessels in WA yards, and not at non-WA member states, unless the competent authority of the WA member is satisfied that the non-WA member state adheres to standards for recycling at least as stringent as WANC rules;

5. Flag states may not permit the re-registration of a WA vessel to a non-WA member state if the competent authority of the flag state determine after due process that the re-registration is primarily for circumventing WANC rules.

A WA member state is exempt from Clause(s) 4 and/or 5 if the said WA member state has agreement(s) in place with a non-WA state prior to the adoption of this Resolution that prohibits the implementation of the said clauses. WA member states with such agreements are strongly encouraged to re-negotiate such agreements in order to adopt these Clauses.


Draft 1 below

The World Assembly,

Recognizing its efforts to protect the seas (WA#168, WA#409), to promote recycling (WA#511) and several resolutions to promote labor rights and trade;

Concerned that, despite rising number of ships that in turn are bigger and with more sophisticated equipment, no effective rules exist on the breaking and recycling of ships at the end of their useful lives, particularly if their final voyage to a recycling yard crosses international waters;

Note that ship breaking is a potentially dangerous occupation and involves the handling of hazardous materials such as asbestos, polychlorinated biphenyls, tributyltins and others, the failure in the handling of which may cause diseases such as mesothelioma;

Defining, for the purposes of this Resolution:

  • "WA vessel" to mean a ship of sufficient size to transport passengers or freight by sea or in deep waters;
  • "Flag state" to mean the WA member state to which the said WA vessel is on its registry;
[/list]

Hereby requires that:

1. The World Assembly Nautical Commission (WANC) sets forth, and update from time to time as it deems fit, rules binding on each WA member state, in order to:

(i) ensure safe and environmentally-friendly practices on the recycling of WA vessels, including technical rules on design, construction and operations that help ship recycling;

(ii) confirm the safety and capability of a WA vessel if it travels through any international waters or the territorial waters of any state to a recycling yard;

(iv) mandate that a competent authority of the flag state is obliged to ensure the WA vessel carries adequate insurance prior to the start of travel to compensate for any potential incidents en route, including salvage and clean up costs;

(iii) require a WA vessel to maintain an updated inventory of hazardous materials used in the construction, modification and/or repairs a WA vessel for reference prior to recycling;

(iv) formulate a template for a "Recycling Plan" for recycling yards, to be updated from time to time, detailing how a WA vessel will be recycled in a safe and environmentally-friendly manner, taking into account the presence of potentially hazardous materials, and setting out the minimum requirements for compliance depending on the characteristics of a WA vassel;

2. Breaking and recycling yards in WA member states are required to complete such a "Recycling Plan", using the latest template set forth by WANC, for approval by the relevant competent authority of the WA member state where the yard is located, and for the said authority to ensure compliance;

3. Recycling yards in WA member states recycling non WA vessels, or vessels not built according to WANC rules, are required to comply with local rules or WANC rules, whichever is stricter, to the maximum extent possible;

4. WA members must recycle their own WA vessels in recycling yards located in WA member states and not at non-WA member states unless the relevant local authority of the the WA member state is satisfied that the non-WA member state adheres to standards for recycling at least as stringent as WANC rules.

5. Flag states may not permit the re-registration of a WA vessel to a non-WA member state if the relevant competent authority of the flag state determine after due process that the re-registration is primarily for the purpose of evasion of WANC rules.


Background

This is (very roughly) based on the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009 and is significantly less stringent than the EU version, the EU Ship Recycling Regulation, which has more restrictions on the use of hazardous materials on ships.

For more information, here is the https://www.imo.org/en/OurWork/Environment/Pages/Ship-Recycling.aspx IMO Hong Kong Convention, and here is the https://environment.ec.europa.eu/topics/waste-and-recycling/ships_en EU version.

For the record, this is not related to the recent debate on asbestos, other than the fact that it reminded me that I had this draft saved back in June on the TNP Discord but never introduced it.

All comments appreciated as always.
Last edited by Goobergunchia on Sat Oct 08, 2022 9:01 pm, edited 74 times in total.
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Postby Barfleur » Wed Aug 31, 2022 12:56 pm

"Barfleur favors the passage of a resolution on this subject, and generally does not object to this draft. We do, however, have two points to raise. First, I believe there is the problem of extent. The proposal seeks to classify vessels as 'WA' or 'non-WA' based on capacity, rather than on nationality. However, in almost every nation, there are stringent laws and regulations in place governing the registration and flagging of vessels. Thus, I think it would make far more sense for the proposal to apply to all WA-nation-flagged vessels wherever they are and to all vessels in a WA state. And second, this Assembly has never really decided whether it has the authority to govern international waters--which, of course, include waters between two non-WA nations, and which are not themselves subject to the control of the WA."
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Postby Simone Republic » Thu Sep 01, 2022 11:24 pm

Barfleur wrote:"Barfleur favors the passage of a resolution on this subject, and generally does not object to this draft. We do, however, have two points to raise. First, I believe there is the problem of extent. The proposal seeks to classify vessels as 'WA' or 'non-WA' based on capacity, rather than on nationality. However, in almost every nation, there are stringent laws and regulations in place governing the registration and flagging of vessels. Thus, I think it would make far more sense for the proposal to apply to all WA-nation-flagged vessels wherever they are and to all vessels in a WA state. And second, this Assembly has never really decided whether it has the authority to govern international waters--which, of course, include waters between two non-WA nations, and which are not themselves subject to the control of the WA."


I have taken out references to the size of vessels and waters between nations. Regarding the reference to international waters, basically I want to make sure that there is adequate insurance for a ship on its last journey to a shipyard, so that if it sinks, there is some money available for compensation - the details can be left to WANC and any WA member state involved over issues like compensation and where territorial waters lie etc can arbitrate this with WANC under GAR#168.

I think this benefits the Natsov minded voters in WA because they would also want ships on its way to a recycling yard and sailing in their waters (legally or because they just intruded for whatever reason) to carry adequate insurance if it sinks, or leaks, or (worse) blows up.
Last edited by Simone Republic on Fri Sep 02, 2022 11:56 pm, edited 10 times in total.
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Postby Simone Republic » Fri Sep 02, 2022 11:56 pm

I also added a sentence that "Clauses 4 and 5" are not applicable if it violates any existing agreements with a non-WA state prior to the adoption of this resolution that prohibits the application of the said clause. This is to avoid "extrajurisdictional metagaming" issues in case of a legality challenge.
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Postby Heavens Reach » Sat Sep 03, 2022 12:07 am

This is a very well-written proposal and we support in principle. We are concerned, however, that the proposal does not discuss how a vessel becomes registered to a WA member, when it is legally required to be registered, and under what circumstances, if any, it may be deregistered.

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Postby Simone Republic » Sat Sep 03, 2022 2:25 am

Heavens Reach wrote:This is a very well-written proposal and we support in principle. We are concerned, however, that the proposal does not discuss how a vessel becomes registered to a WA member, when it is legally required to be registered, and under what circumstances, if any, it may be deregistered.


I can redefine the registration clause to say ""WA vessel" to mean a ship duly registered to a WA member state and subject to its jurisdiction thereof", so it leaves the regulations of a registry in the hands of the individual state (this is roughly how it works IRL)

I can't really fit in a resolution on how shipping registries are regulated within the 4,000 character count. It'd have to go as a separate resolution, I guess roughly along the lines of the 1986 UN Convention on Conditions for Registration of Ships.
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Postby Heavens Reach » Sat Sep 03, 2022 2:29 am

Simone Republic wrote:
Heavens Reach wrote:This is a very well-written proposal and we support in principle. We are concerned, however, that the proposal does not discuss how a vessel becomes registered to a WA member, when it is legally required to be registered, and under what circumstances, if any, it may be deregistered.


I can redefine the registration clause to say ""WA vessel" to mean a ship duly registered to a WA member state and subject to its jurisdiction thereof", so it leaves the regulations of a registry in the hands of the individual state (this is roughly how it works IRL)

I can't really fit in a resolution on how shipping registries are regulated within the 4,000 character count. It'd have to go as a separate resolution, I guess roughly along the lines of the 1986 UN Convention on Conditions for Registration of Ships.


It would be our suggestion, since the enforceability of the resolution hinges on a vessel being registered to a WA state, to reallocate some character space to clarify these issues, even if they are not extensively treated

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Postby Barfleur » Sat Sep 03, 2022 8:39 am

OOC: I suggest you use the list function after the operative clause. For example:

  1. No person shall:
    1. engage in an unfair business practice;
    2. knowingly profit from another person's engaging in an unfair business practice; or
    3. knowingly assist another person in managing an enterprise which engages in unfair business practices.


I drew up this format, which you are more than welcome to use:

The World Assembly,

Recognizing its efforts to protect the seas (GAR#168, GAR#409), to promote recycling (GAR#511), and resolutions on labor rights and trade;

Concerned that, with ever more ships plying the waters, no effective rules exist on the recycling of ships at the end of their useful lives;

Noting that ship recycling is a potentially dangerous occupation and involves handling hazardous materials such as olychlorinated biphenyls, tributyltins and others, improper handling of which may raise the risk of mesothelioma and other illnesses for yard workers,

Hereby enacts as follows:

  1. For the purposes of this Resolution:

    1. "WA vessel" to mean a ship registered to a WA member state;
    2. "Flag state" to mean the WA member state for which a WA vessel is on its registry; and
    3. "WA yard" means a breaking and recycling yard located within a WA member state.
  2. The World Assembly Nautical Commission (WANC) shall set forth, and update from time to time as it deems fit:

    1. rules on safe and environmentally-friendly practices on the recycling of WA vessels, including technical rules on design, construction, and operations of WA vessels and WA yards;
    2. requirements to confirm the safety and capability of a WA vessel prior to and for its final voyage to a WA yard for recycling;
    3. requirements that flag state must ensure that a WA vessel on its registry carries adequate insurance prior to setting off on its final voyage to a WA yard for recycling to compensate for any potential incidents en route, including any salvage and clean up costs;
    4. requirements that any new WA vessels to compile and maintain (and for existing vessels, compile and maintain to the fullest extent possible) an updated inventory of hazardous materials used in its construction, modification and/or repairs to aid the WA yard during breaking and recycling; and
    5. templates for "Recycling Plans" for WA yards, to be updated from time to time, detailing how various kinds of WA vessels will be recycled in a safe and environmentally-friendly manner, including the safe handling of potentially hazardous materials.
  3. WA yards are required, for each recycling of a WA vessel, to complete such a "Recycling Plan" stated in Clause (2)(e) specific to that WA vessel, using the latest template set forth by WANC, for approval by a competent authority of the WA member where the WA yard is located, and for the said authority to enforce compliance of the said Plan.
  4. WA yards recycling non WA vessels, or vessels not built according to WANC rules, are required to comply with local rules or WANC rules, whichever is stricter, to the maximum technical extent possible.
  5. WA members must recycle their own WA vessels in WA yards, and not at non-WA member states, unless the competent authority of the WA member is satisfied that the non-WA member state adheres to standards for recycling at least as stringent as WANC rules.
  6. Flag states may not permit the re-registration of a WA vessel to a non-WA member state if the competent authority of the flag state determine after due process that the re-registration is primarily for circumventing WANC rules.
  7. A WA member state is exempt from Clause(s) 5 and/or 6 if the said WA member state has agreement(s) in place with a non-WA state prior to the adoption of this Resolution that prohibits the implementation of the said clauses. WA member states with such agreements are strongly encouraged to re-negotiate such agreements in order to adopt these Clauses.
Last edited by Barfleur on Sat Sep 03, 2022 8:47 am, edited 1 time in total.
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Postby Simone Republic » Sat Sep 03, 2022 9:23 am

Barfleur wrote:OOC: I suggest you use the list function after the operative clause. For example:


Thank you. I have re-formatted the text. I have also made a couple of changes to the text:

1. As suggested by Heavens Reach, the definition of "WA vessel" is now further amended to mean "a ship duly registered to the shipping registry of a WA member state and/or subject to its jurisdiction thereof"; I deliberately inserted the words "shipping registry" as there is a possibility of writing another resolution specific to regulating shipping registries in the future, and I inserted the "subject to its jurisdiction" to catch anyone that asserts jurisdiction but doesn't want to run a registry;

2. "WA members are strongly encouraged to require that their WA vessels are recycled in WA yards" rather than "WA members shall require their WA vessels are recycled in WA yards" - this is to avoid any issues with extrajurisdictional metagaming - I believe the underlying issue is fine, having re-read the recent unofficial ruling on this point (viewtopic.php?f=9&t=507737&p=39564501&hilit=ISDS#p39564501) since clause 5 "take action through WA nations and institutions only" but I weakened it to avoid a legality challenge and to avoid a debate over jurisdiction.

I believe the scenario of the existence of a free-trade agreement between a WA member state and another non-WA member state that somehow covers the exporting of ships for recycling from one to the other is quite unlikely. I've removed the exemption altogether for clause 6 since I cannot see a scenario of a free trade agreement that allows a ship to frequently change its flags, since ships usually only change flags because they change hands.

Having said all this, the abrogation of treaties that somehow cover Clause 6 if this Resolution is passed is implicit.

Heavens Reach wrote:It would be our suggestion, since the enforceability of the resolution hinges on a vessel being registered to a WA state, to reallocate some character space to clarify these issues, even if they are not extensively treated


This is now down to 3,300 characters so there's plenty of space.
Last edited by Simone Republic on Mon Sep 05, 2022 1:23 am, edited 4 times in total.
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Simone Republic
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Posts: 1867
Founded: Jul 09, 2019
Inoffensive Centrist Democracy

Postby Simone Republic » Mon Sep 05, 2022 1:26 am

I'll add the additional comment that if anyone has nat-sov concerns, I believe it's to their advantage that there is some international regulation over this issue. If a shipyard from Simone Republic causes a stink in the North Pacific*, it's not as if that oil slick /debris /asbestos /whatever poison won't float over to TEP or TSP or wherever waters go.

(OOC)
* Yes, I am aware that some may argue that I already cause a stink in the North Pacific.
Last edited by Simone Republic on Mon Sep 05, 2022 9:02 am, edited 2 times in total.
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Simone Republic
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Posts: 1867
Founded: Jul 09, 2019
Inoffensive Centrist Democracy

Postby Simone Republic » Mon Sep 12, 2022 7:17 pm

Very minor amendments in Draft 4. If there's no further comments, will submit shortly.

The main wording change is to allow a state to "assert to be subject to its jurisdiction" to give the scenario of a WA state that does not run a shipping registry but nevertheless decides to assert it has jurisdiction of a ship - this is more of a technicality that I came across when I was drafting my proposed resolution on shipping registries.
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Heavens Reach
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Posts: 691
Founded: May 08, 2017
Ex-Nation

Postby Heavens Reach » Tue Sep 13, 2022 1:20 am

Simone Republic wrote:Very minor amendments in Draft 4. If there's no further comments, will submit shortly.

The main wording change is to allow a state to "assert to be subject to its jurisdiction" to give the scenario of a WA state that does not run a shipping registry but nevertheless decides to assert it has jurisdiction of a ship - this is more of a technicality that I came across when I was drafting my proposed resolution on shipping registries.


We're still waiting on the in-resolution clarification of how registering occurs in the first place, since enforceability hinges on ships being registered to their member states.

OOC: you might also want to add the last call tag to your thread title

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Tinhampton
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Posts: 13705
Founded: Oct 05, 2016
Civil Rights Lovefest

Postby Tinhampton » Tue Sep 13, 2022 1:29 am

You say that a particular word "to mean" in Articles 1a and 1b, but that another word "means" in Article 1c. All of those should say "means."

Article 6 forbids the registration of certain WA vessels to non-WA states where it is done to "circumvent[] WANC rules." Yet those rules:
  • are binding whenever a WA yard recycles any non-WA vessel (unless local recycling rules are stronger),
  • are binding whenever a WA yard recycles any WA vessel,
  • are non-binding whenever a non-WA yard recycles any non-WA vessel, and
  • are non-binding whenever a non-WA yard recycles any WA vessel - particularly given that Article 5 is advisory, not mandatory!
In which case, why does Article 6 exist at all?
Last edited by Tinhampton on Tue Sep 13, 2022 1:31 am, edited 2 times in total.
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Simone Republic
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Posts: 1867
Founded: Jul 09, 2019
Inoffensive Centrist Democracy

Postby Simone Republic » Fri Sep 16, 2022 10:18 pm

Heavens Reach wrote:
Simone Republic wrote:Very minor amendments in Draft 4. If there's no further comments, will submit shortly.

The main wording change is to allow a state to "assert to be subject to its jurisdiction" to give the scenario of a WA state that does not run a shipping registry but nevertheless decides to assert it has jurisdiction of a ship - this is more of a technicality that I came across when I was drafting my proposed resolution on shipping registries.


We're still waiting on the in-resolution clarification of how registering occurs in the first place, since enforceability hinges on ships being registered to their member states.

OOC: you might also want to add the last call tag to your thread title


I am working on that. Will revert..it might become a separate resolution due to character limit issues - have sent to a few colleagues to check. This gets into a lot of issues regarding the Paris Memorandum on Port State Control etc so checking now.
Last edited by Simone Republic on Sat Sep 17, 2022 12:36 am, edited 1 time in total.
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Simone Republic
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Posts: 1867
Founded: Jul 09, 2019
Inoffensive Centrist Democracy

Postby Simone Republic » Fri Sep 16, 2022 10:23 pm

Tinhampton wrote:
Article 6 forbids the registration of certain WA vessels to non-WA states where it is done to "circumvent[] WANC rules." Yet those rules:
  • are binding whenever a WA yard recycles any non-WA vessel (unless local recycling rules are stronger),
  • are binding whenever a WA yard recycles any WA vessel,
  • are non-binding whenever a non-WA yard recycles any non-WA vessel, and
  • are non-binding whenever a non-WA yard recycles any WA vessel - particularly given that Article 5 is advisory, not mandatory!
In which case, why does Article 6 exist at all?


Exactly one scenario: a ship is gifted/re-registered/sold to another owner for the purpose of re-flagging. (Ie, using the resolution's terms, a WA vessel owner selling/gifting etc a vessel to a company in a non WA state to evade WANC rules). This is actually far more frequent than it sounds. This is basically in response to the Jones Act of the US, and the Paris Memorandum on Port State Control as mentioned above, such as when a ship is reflagged from a White List country such as Luxembourg to a Gray List country such as Mongolia.
Last edited by Simone Republic on Sat Sep 17, 2022 6:38 am, edited 3 times in total.
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Magecastle Embassy Building A5
Diplomat
 
Posts: 506
Founded: Jul 03, 2022
Corporate Police State

Postby Magecastle Embassy Building A5 » Sat Sep 17, 2022 12:16 am

"2a seems rather ambiguous on the 'rules and best practices' that the WANC would enact. My mission would prefer that this mandate go into more detail surrounding what rules are to be enforced by the WANC."

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Takotas
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Posts: 1
Founded: Sep 18, 2022
Ex-Nation

Postby Takotas » Sun Sep 18, 2022 2:16 pm

We agree with your proposal of adding regulations on vessels. To have ships marked as "WA" and "non-WA" is a good way to have some sort of record. I agree that our waters need to be considered and protected as they do all run together. I am not sure how to solve the issue of non WA nations that have no requirements for these regulations.

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Simone Republic
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Posts: 1867
Founded: Jul 09, 2019
Inoffensive Centrist Democracy

Postby Simone Republic » Wed Sep 28, 2022 8:56 pm

Takotas wrote:We agree with your proposal of adding regulations on vessels. To have ships marked as "WA" and "non-WA" is a good way to have some sort of record. I agree that our waters need to be considered and protected as they do all run together. I am not sure how to solve the issue of non WA nations that have no requirements for these regulations.


WA states are technically permitted not to even allow non WA vessels to enter in the first place, although that's not ideal. I mean, there's nothing to prevent non WA states from polluting waters that (then) affects WA states.
Last edited by Simone Republic on Thu Sep 29, 2022 2:47 am, edited 1 time in total.
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Simone Republic
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Posts: 1867
Founded: Jul 09, 2019
Inoffensive Centrist Democracy

Postby Simone Republic » Fri Sep 30, 2022 2:39 am

Heavens Reach wrote:
Simone Republic wrote:Very minor amendments in Draft 4. If there's no further comments, will submit shortly.

The main wording change is to allow a state to "assert to be subject to its jurisdiction" to give the scenario of a WA state that does not run a shipping registry but nevertheless decides to assert it has jurisdiction of a ship - this is more of a technicality that I came across when I was drafting my proposed resolution on shipping registries.


We're still waiting on the in-resolution clarification of how registering occurs in the first place, since enforceability hinges on ships being registered to their member states.

OOC: you might also want to add the last call tag to your thread title


I am still drafting a separate resolution on a shipping registry, will have a draft on that soon. This resolution has been submitted.
Last edited by Simone Republic on Fri Sep 30, 2022 2:50 am, edited 1 time in total.
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Potted Plants United
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Posts: 1282
Founded: Jan 14, 2013
Democratic Socialists

Postby Potted Plants United » Fri Sep 30, 2022 4:44 am

OOC: If the 1st post is verbatim the submitted text then there are some verb plural inconsistencies, and also, "disassembling" is a far more professional word than "breaking" and should have been used instead. I also don't like regulations that change at the whim of a committee, but that's just personal opinion, not actual proposal flaw.
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Simone Republic
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Posts: 1867
Founded: Jul 09, 2019
Inoffensive Centrist Democracy

Postby Simone Republic » Sat Oct 01, 2022 5:53 pm

Potted Plants United wrote:OOC: If the 1st post is verbatim the submitted text then there are some verb plural inconsistencies, and also, "disassembling" is a far more professional word than "breaking" and should have been used instead. I also don't like regulations that change at the whim of a committee, but that's just personal opinion, not actual proposal flaw.


You are totally correct that disassembling is a far more professional word. I used "ship breaking" because Wikipedia uses ship breaking so I thought it would be easier to understand:

https://en.m.wikipedia.org/wiki/Ship_breaking
Last edited by Simone Republic on Sat Oct 01, 2022 5:54 pm, edited 1 time in total.
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Fachumonn
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Posts: 1536
Founded: Apr 11, 2021
Scandinavian Liberal Paradise

Postby Fachumonn » Sun Oct 02, 2022 6:40 am

Ambassador The People: "After a long, very inclusive talk with my fellow ambassadors, I have decided to um... approve this proposal. We intend to support this at the vote, pending our regions' thoughts."
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The Ice States
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Posts: 2900
Founded: Jun 23, 2022
Compulsory Consumerist State

Postby The Ice States » Tue Oct 04, 2022 9:11 pm

This is now at vote.
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American Rockies
Secretary
 
Posts: 29
Founded: Jun 14, 2022
Ex-Nation

Postby American Rockies » Tue Oct 04, 2022 11:10 pm

I would have supported this but giving the WANC some vaguely-worded powers is extremely dangerous. International political organizations often turn to a form of evil, as they are un-elected members with no oversight but from silenced journalists who are inaccurately labeled right-wing extremists because of their opposition to such easily corruptible institutions.

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