Motivation
This resolution proposal is motivated by:
- Easier handling of administrative aspects of deaths, such as coroners' inquests, proof of death, (and, eventually, well, the deceased's money) - especially from an international angle;
- Clause 3 makes it compulsory for death certificates to be issued by each WA state, to avoid cases where one WA state requires a death certificate to process probates or life insurance claims etc but the place where the deceased passed away does not issue one (this happens somewhat more frequently than it should in real life, internationally).
- This also handles issues regarding cause of death, in case of insurance claims and disputes over suicides, etc., especially on international deaths.
- Clause 5 accelerates the process in case it's quite clear that someone has died even if no body has been recovered (such as airplane crashes etc). This is especially the case if it's unlikely that the dead body will be recovered.
- Clause 7 involves dignified handling of the dead body during the process where not previously covered, such as during inquests and repatriation. (What happens to the dead body after it is released from inquest or repatriated is back to NS states' purview).
This is largely to sort out anyone who has had to handle cross-border death requests, which are usually pretty difficult nightmares, and is particularly unhelpful when family members are in distress. This resolution hopes to provide relief to those that are facing the pressures of the death of a family member. It also helps claims on life insurance.
Note that sections on wartime deaths and presumed deaths have been axed or shortened for space reasons.
Note that much of the diplomatic aspects is already covered by GA 703 clause 2 (repatriation of the dead body), and wartime pillaging by GA317.
Category: Regulation/Legal Reform (this is because although it briefly touches on handling of the dead body, most of the resolution is actually about death certificates, inquests, and diplomatic support where required).
Last call draft 2
The World Assembly (WA),
Anxious to ease the burden on those who left behind by the death of an individual (hereafter the “deceased”), especially when the death occurs in other states;
Believing that some coordination by the WA is necessary, in cases such as the need to have at least some proof of death for various purposes or to organise inquests;
The WA hereby enacts as follows:
- Definitions.
- "Authority" means an authority designated by a handling state to interpret and enforce this resolution.
- "Handling state" is the state where the individual died or was found dead.
- "PASA" means the Passports, Nationality and Refugees Administration.
- Authority.
- If the deceased died or was found dead on an aircraft or maritime vessel traveling under the flag of a WA state, the flag state is the handling state.
- PASA is the handling authority for deaths that occur in areas directly under the jurisdiction of the WA or a WA committee.
- Proof.
- An authority shall issue documentary proof (hereafter “proof”) of the death of the deceased reasonably promptly.
- "Proof" shall be available in both physical and electronic form.
- "Proof" serves as evidence of the death of the deceased for (i) all domestic purposes in any WA state and (ii) for all WA committees.
- "Proof" shall include pertinent details on the deceased required by the handling state, and any details required by PASA.
- If the cause of death has been determined according to the laws of the handling state, and is uncontested, "proof" shall also serve as confirmation of the cause of the death.
- If the cause of death is undetermined or contested, a "proof" without specifying cause of death may be issued first, and the procedures under clause (4) shall apply.
- Undetermined or contested cause of death.
- An authority shall hold an inquest if the cause of death is undetermined or contested according to its own laws. It must also hold an inquest if another WA state requests one.
- The inquest (and any associated costs) shall be paid for by the handling state. If the inquest was requested by another WA state, the requesting state shall pay instead.
- Inquests shall be held as soon as reasonably practicable by the handling state.
- Stakeholders from other WA states, such as diplomats and family members, can attend inquests unless barred by previously enacted WA resolutions, such as due to national security.
- If the handling state holds an inquest and requests assistance from another WA state, assistance must be provided to the best ability of that other WA state, subject to a full indemnity of costs.
- The determination of the inquest, subject to the judicial process of the handling state, shall be final, subject to sub-clause (7)(c).
- A "proof" may be amended if a cause of death has been determined under this clause.
- Catastrophe. The handling state shall make a good faith effort to accelerate issuing the proof of death, if it determines that
- an individual is almost certain to have perished from a catastrophe; and
- a recovery of conclusive evidence of death is deemed extremely unlikely.
- Fees.
- A "proof" is issued free of charge.
- A reasonable number of "certified true copies" of a "proof" shall be issued for free if they are needed for a legitimate reason, such as for probate in non-WA states. Such copies shall have the same validity as the original.
- Other inquests.
- The dead body shall be preserved with dignity and respect by the authority during any inquests and repatriation.
- If the deceased is a citizen or national of other WA state(s), the other WA state(s) may request that their own authority conducts a separate inquest, subject to the provisions herein.
- Collective estoppel does not apply if conclusions on issue of fact differ between WA states.
- Jurisdiction.
- This resolution does not govern deaths in states at war (declared or otherwise), subject to previously enacted WA resolutions.
- In case of disputes between WA states on this resolution, the Judiciary Committee shall adjudicate on a de novo basis.
Char count: 4,461
