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[DEFEATED] Repeal "Sophisticated Investors Protocol"

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The Ice States
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[DEFEATED] Repeal "Sophisticated Investors Protocol"

Postby The Ice States » Sat Nov 18, 2023 3:00 pm

Praising the intent of the "Sophisticated Investors Protocol" to reserve high-risk investments to those qualified to competently act in response to their risk factors;

Finding, however, that the resolution is worded in such a manner that it fails to achieve its goals to any substantive degree, instead hindering the ability of the World Assembly to enact stronger protections to this end;

The World Assembly notes the following facts.
  • Section 1 requires member nations to "define, if desired in writing by the said investor, to be 'sophisticated'" should an investor meeting Sections 1a - 1c request that in good faith, without specifying that member nations define the investor themselves as sophisticated, as presumably intended. This subtle flaw in the resolution's wording means that member nations merely have to inform such investors of the definition of "sophisticated" on request. This renders the provision ineffective in its goal, ie to require member nations to classify investors meeting Sections 1a - 1c as sophisticated.

    • In addition to rendering Section 1 ineffective in its goal, this drafting error also harms freedom of information: under the resolution, member nations need not publish their definition of "sophisticated", they must only provide their definition to those wealthy (inter alia) enough to meet Sections 1a - 1c. Knowledge of the law should not be limited to the rich.

    • In a member nation which is already publishing its definition of "sophisticated", the process of verifying that an investor indeed meets Sections 1a - 1c, and then providing them with the publicly accessible definition, is an unnecessary waste of resources. Member nation resources are not infinite to be spent on such frivolity as personally sending rich people publicly available definitions.

  • Section 2 contains a number of ambiguities which severely hinder interpretation of the resolution. Most importantly, it is unclear as to whether the "classified as a sophisticated investor based on the aforesaid criteria" qualifier applies to the member nation or to the investor. The presumably intended interpretation is that it applies to the investor; however, this interpretation would lock nearly all investments behind a requirement of being "sophisticated" inasmuch as there is any risk whatsoever that a cent more than the value of the original investment is lost. An individual who is not "sophisticated" would be prohibited from placing one dollar in a savings account with interest due to the possibility of a bank failure which cannot be covered by deposit insurance.

  • A member nation can also reasonably interpret the qualifier as applying to "a member state". This avoids the situation of active harm, however it also means that a member nation need only classify itself as a sophisticated investor in order to freely make available the instruments and products specified in Section 2, regardless of whether they are being provided to sophisticated investors. This, again, renders Section 2 nugatory.

  • As the final blow to its effectiveness as a resolution, the target's Section 3b prevents a member nation from prohibiting sophisticated investors from investing with a particular institution in another member nation. This includes institutions based in non-compliant, genocidal member nations, as well as a member nation one is actively at war with. "Administrative Compliance Act" requires member nations to fully sanction all trade with member nations which refuse to pay fines for non-compliance; member nations are unable to enforce this effectively if they are forced to permit a portion of investors to invest with such member nations' institutions.

  • The only way for a member nation to simultaneously avoid the issues in Sections 3b and 2 is for that nation to classify itself and no other entity as a sophisticated investor. Under this interpretation, the resolution would have very little effect on any member nation.

For the above reasons, the World Assembly strikes out the "Sophisticated Investors Protocol".
Last edited by Refuge Isle on Tue Feb 20, 2024 9:38 am, edited 27 times in total.
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The Ice States
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Postby The Ice States » Sat Nov 18, 2023 3:11 pm

Drafts no longer classified as sophisticated investors, and thus unable to invest in genocidal member nations' financial institutions.
Last edited by The Ice States on Sat Nov 18, 2023 3:12 pm, edited 1 time in total.
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Postby Tinhampton » Sat Nov 18, 2023 4:12 pm

Reluctant support.
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The Ice States
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Postby The Ice States » Thu Nov 23, 2023 10:29 pm

Bump.
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The Ice States
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Postby The Ice States » Sun Nov 26, 2023 11:21 am

Any further comments?
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The Ice States
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Postby The Ice States » Tue Dec 12, 2023 1:31 pm

Given the lack of comments, this would appear to be a perfect proposal and I am therefore submitting tomorrow.
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Kenmoria
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Postby Kenmoria » Tue Dec 12, 2023 2:15 pm

(OOC: In your first clause of the argument, the way that the quote is embedded into the prose does not grammatically cohere.)
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Postby Elyreia » Tue Dec 12, 2023 2:39 pm

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The Ice States
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Postby The Ice States » Tue Dec 12, 2023 4:14 pm

Kenmoria wrote:(OOC: In your first clause of the argument, the way that the quote is embedded into the prose does not grammatically cohere.)

This should be addressed.
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The Ice States
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Postby The Ice States » Sat Feb 03, 2024 9:19 pm

Bump.
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Lieutenant Columbo
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Postby Lieutenant Columbo » Sat Feb 03, 2024 9:44 pm

These are very smart arguments. I support it.

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Simone Republic
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Postby Simone Republic » Sun Feb 04, 2024 5:25 am

Just submit it. I think I have admitted to not proofreading clause 1 properly on NSWA discord.
Last edited by Simone Republic on Sun Feb 04, 2024 5:28 am, edited 1 time in total.
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The Ice States
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Postby The Ice States » Sun Feb 04, 2024 7:49 pm

Simone Republic wrote:Just submit it. I think I have admitted to not proofreading clause 1 properly on NSWA discord.

To be clear, do you support this as written?
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Postby Simone Republic » Mon Feb 05, 2024 6:29 am

The Ice States wrote:
Simone Republic wrote:Just submit it. I think I have admitted to not proofreading clause 1 properly on NSWA discord.

To be clear, do you support this as written?


Ask IA. This wasn't solo.
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Tigrisia
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Postby Tigrisia » Tue Feb 06, 2024 8:46 am

We support this repeal as-is. However, we believe that a regulation of investments are necessary. Hence, we recommend to draft a replacement.

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Last edited by Tigrisia on Mon Feb 12, 2024 9:43 am, edited 2 times in total.

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Simone Republic
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Postby Simone Republic » Tue Feb 06, 2024 9:00 am

Simone Republic wrote:
The Ice States wrote:To be clear, do you support this as written?


Ask IA. This wasn't solo.


On the one hand, I already conceded that the section 1 grammatical ambiguity as mentioned in the repeal is accurate, because I didn't proofread it. On the other hand, I personally don't think the error is serious enough to warrant repeal (and should remain readable) but the error does exist, and that fault is mine and mine alone.
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The Ice States
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Postby The Ice States » Tue Feb 06, 2024 1:58 pm

Simone Republic wrote:
Simone Republic wrote:
Ask IA. This wasn't solo.


On the one hand, I already conceded that the section 1 grammatical ambiguity as mentioned in the repeal is accurate, because I didn't proofread it. On the other hand, I personally don't think the error is serious enough to warrant repeal (and should remain readable) but the error does exist, and that fault is mine and mine alone.

In fairness, the issue with the target is more than just the grammar. As argued in the penultimate repeal clause, for example, there would be an arguable contradiction with #440 but for the said poor grammar.
Last edited by The Ice States on Tue Feb 06, 2024 1:59 pm, edited 1 time in total.
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Imperium Anglorum
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Postby Imperium Anglorum » Tue Feb 06, 2024 6:06 pm

I think these arguments are all rather specious and would be discarded under the typographical error correction doctrine. [2023] GAS 5 ¶ 4. However, the number of grammatical errors is sufficient in this resolution that I am not myself very opposed to its repeal.

The only reasonable interpretation of section 1 is to mask investors as sophisticated if they request it. Avoiding that interpretation raises surplusage issues and is contraindicated by the canons of construction. Section 2 clearly applies to investors; reading it as member nations contravenes the standard presumption against binding the sovereign.

I oppose this proposal because "section" is unnecessarily capitalised when not at the start of a sentence.

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Refuge Isle
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Postby Refuge Isle » Thu Feb 15, 2024 10:12 pm

This is now at vote.

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B1G JIM SLADE
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Postby B1G JIM SLADE » Thu Feb 15, 2024 10:23 pm

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Isabella van der Feltz
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Postby Isabella van der Feltz » Fri Feb 16, 2024 4:23 am

Voting against because the target resolution's author is my GP boss and the co-author is a friend
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Verlland
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Postby Verlland » Fri Feb 16, 2024 6:48 am

Support for the reasons stated in the proposal, and also because there is no sufficient definition of what "sophisticated" means, and thus is ripe for abuse.
A replacement should be instituted after this proposal is approved.
We are completely dumbfounded as to why this is so opposed by the international community.

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Kenmoria
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Scandinavian Liberal Paradise

Postby Kenmoria » Tue Feb 20, 2024 7:15 am

"Repeal "Sophisticated Investors Protocol"" was defeated 6,302 votes to 5,007.
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.


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