[DRAFT] Ship Wreck Protection Act

[Magthere]

OLD VERSION

Applauding the legistlation established with GENERAL ASSEMBLY RESOLUTION # 72 Cultural Heritage Protection.

Wishing to expand upon the principles there in.

Proposes that ship wrecks of historical value also be up for this same protection as noted in GENERAL ASSEMBLY RESOLUTION # 72 Cultural Heritage Protection.

Defines historical value as either the ships loss or the actual events that occured on or as a consequence of said ship having some historic significance to its nation of origin.

Defines Nation of Origin as the nation for which it served militarily in the case of warships, or was the home of the company that owned it (in the case of commercial ships, i.e passenger liners and cargo vessels).

Allows that Individual nations decide on whether a ship wreck possesed historical significane.

Affirms that the decisions of the individual nations will only effect the ships that were the property of that nation or company based in said nation.

Exceptions to the above clause will be given should a wreck have contained a significant portion (10% who went on the ships last voyage while sinking) of another nations people were on the ship on the ships final voyage, and further states that the wreck could fall under another nations protection should the nation of origin not wish to name it a heritage or historic sight.

Requires that any nation or individual that damages, loots, or otherwise negatively effects protected wrecks, be made to pay for the damages as well as legal fees accrued in trial.

Defines negative effects as any action that may damage the protected wreck it self, disrespects the dead of the protected wreck (which shall vary among the varying cultures of the nation that protects the wreck),

Allows for the salvage of artifacts from said wreck only with the approval of the national government protecting the wreck, and a legitimate reason as determined by the national government be found for said salvage.

States that any wrecks not under this protection will fall under International Salvage Laws as already laid out by the WA.

This bill may now be edited into a more acceptable and legal form.

NEW VERSION

Wishing to preserve the cultural heritage of lost watercraft,

Proposes that ship wrecks of historical value be provided protections from looting, blockage, and destruction,

Defines a shipwreck as any vessel lost due to actions other than scrapping,

Defines historical value as either the lost ship(s) or the actual events that occurred on or as a consequence of said ship having some historic significance to its nation of origin,

Defines Nation of Origin as the nation for which it served militarily in the case of warships, or was/is the home of the company that owned it,

Allows that Individual nations decide on whether a ship wreck possesses historical significance,

Affirms that the decisions of the individual nations will only effect the ships that were the property of that nation or company based in said nation,

Exceptions to the above clause will be given should a wreck have contained a significant portion (10% or greater whom went on the ships last voyage while sinking) of another nations people,

Further States that the wreck could fall under another nations protection should the nation of origin not wish to name it a heritage or historic site,

Exempts the above clause if the ship is in the nation's waters, and the nation wishes it to be left alone

Requires that any nation or individual that damages, loots, or otherwise negatively effects protected wrecks, be made to pay for the damages as well as legal fees accrued in trial,

Defines negative effects as any action that may phsically damage the protected wreck it self, or disrespects the dead of the protected wreck as per the cultures of those on board,

Allows for the salvage of artifacts from said wreck with the express approval of the national government protecting the wreck, and a legitimate reason as determined by the national government be found for said salvage,

Refuses to allow any wreck that would have a hazardous impact on the environment, wildlife, or people near the ship wreck, or obstructs other watercraft,

States that any wrecks not under this protection will fall under all other applicable laws.

Co authored by Canadai

[Manticore Reborn]

Illegal - HoC Violation

[Embolalia]

Well, as Manticore Reborn stated, there is a massive House of Cards violation (that is, you can't cite a past resolution in your own. What happens if it's repealed?).

Furthermore, you allow individual nations to determine historical significance. That's just asking to be abused.

Lastly, I must wonder at what constitutes a "shipwreck". Obviously, it involves a ship that is sunken. But does this apply to accidental wrecks as well as intentional ones? What about ships that were simply abandoned? What if the shipwreck impedes access to an important harbor or waterway? What if the wreck is releasing harmful pollutants into the water?

[Magthere]

The ambassador of the Armed Republic of Magthere apologises and will drop the draft and legislation down the gutter. Again sincerest apologies.

[Magthere]

THe ambassador of the Armed Republic of Magthere gives the floor to the ambassador of Canadai to propose a more legal and better draft and as such will make the original draft legible again for editing, and should Canadai provide a workable edited version offers it coauthorship of the legislation.

[Manticore Reborn]

Wishing to preserve the cultural heritage of lost watercraft,

Proposes that ship wrecks of historical value be provided protections from looting, blockage, and destruction,

Defines historical value as either the lost ship(s) or the actual events that occurred on or as a consequence of said ship having some historic significance to its nation of origin,

Defines Nation of Origin as the nation for which it served militarily in the case of warships, or was/is the home of the company that owned it,

Allows that Individual nations decide on whether a ship wreck possesses historical significance,

Affirms that the decisions of the individual nations will only effect the ships that were the property of that nation or company based in said nation,

Exceptions to the above clause will be given should a wreck have contained a significant portion (10% or greater whom went on the ships last voyage while sinking) of another nations people,

Further States that the wreck could fall under another nations protection should the nation of origin not wish to name it a heritage or historic site,

Exempts the above clause if the ship is in the nation's waters, and the nation wishes it to be left alone

Requires that any nation or individual that damages, loots, or otherwise negatively effects protected wrecks, be made to pay for the damages as well as legal fees accrued in trial,

Defines negative effects as any action that may damage the protected wreck it self, disrespects the dead of the protected wreck,

Allows for the salvage of artifacts from said wreck with the express approval of the national government protecting the wreck, and a legitimate reason as determined by the national government be found for said salvage,

States that any wrecks not under this protection will fall under all other applicable laws,

Refuses to end this with a period,

This bill may now be edited into a more acceptable and legal form.

Hmm... Done, I think

OOC: Well, you got rid of the HoC violation.

IC: The Star Kingdom of Manticore Reborn cannot support this bill. Basically, you are allowing nations to create just about any area of the sea into a historical preservation that they can protect. There are no limits on this ability nor are they any limits as to what type of protection they can use.

[Manticore Reborn]

Proposes that ship wrecks of historical value be provided protections from looting, blockage, and destruction,

The type of restrictions it can impose

My government disagrees (emphasis added):

Defines negative effects as any action that may damage the protected wreck it self, disrespects the dead of the protected wreck,

[Magthere]

Wishing to preserve the cultural heritage of lost watercraft,

Proposes that ship wrecks of historical value be provided protections from looting, blockage, and destruction,

Defines historical value as either the lost ship(s) or the actual events that occurred on or as a consequence of said ship having some historic significance to its nation of origin,

Defines Nation of Origin as the nation for which it served militarily in the case of warships, or was/is the home of the company that owned it,

Allows that Individual nations decide on whether a ship wreck possesses historical significance,

Affirms that the decisions of the individual nations will only effect the ships that were the property of that nation or company based in said nation,

Exceptions to the above clause will be given should a wreck have contained a significant portion (10% or greater whom went on the ships last voyage while sinking) of another nations people,

Further States that the wreck could fall under another nations protection should the nation of origin not wish to name it a heritage or historic site,

Exempts the above clause if the ship is in the nation's waters, and the nation wishes it to be left alone

Requires that any nation or individual that damages, loots, or otherwise negatively effects protected wrecks, be made to pay for the damages as well as legal fees accrued in trial,

Defines negative effects as any action that may damage the protected wreck it self, disrespects the dead of the protected wreck,

Allows for the salvage of artifacts from said wreck with the express approval of the national government protecting the wreck, and a legitimate reason as determined by the national government be found for said salvage,

States that any wrecks not under this protection will fall under all other applicable laws,

Refuses to end this with a period,

This bill may now be edited into a more acceptable and legal form.

Hmm... Done, I think

Looks good but as stated by the ambassador of Embolalia pointed out the question of the wreck being an obstruction or environmental hazard as welll as defining a shipwreck these clauses ought to be added

Refuses, to allow any wreck that would have a hazardous impact on the environment, wildlife, or people near the ship wreck, or obstructs other watercraft

Defines a shipwreck as any vessel lost due to actions other than scrapping.

So the bill should look like this I think

Wishing to preserve the cultural heritage of lost watercraft,

Proposes that ship wrecks of historical value be provided protections from looting, blockage, and destruction,

Defines a shipwreck as any vessel lost due to actions other than scrapping,

Defines historical value as either the lost ship(s) or the actual events that occurred on or as a consequence of said ship having some historic significance to its nation of origin,

Defines Nation of Origin as the nation for which it served militarily in the case of warships, or was/is the home of the company that owned it,

Allows that Individual nations decide on whether a ship wreck possesses historical significance,

Affirms that the decisions of the individual nations will only effect the ships that were the property of that nation or company based in said nation,

Exceptions to the above clause will be given should a wreck have contained a significant portion (10% or greater whom went on the ships last voyage while sinking) of another nations people,

Further States that the wreck could fall under another nations protection should the nation of origin not wish to name it a heritage or historic site,

Exempts the above clause if the ship is in the nation's waters, and the nation wishes it to be left alone

Requires that any nation or individual that damages, loots, or otherwise negatively effects protected wrecks, be made to pay for the damages as well as legal fees accrued in trial,

Defines negative effects as any action that may damage the protected wreck it self, disrespects the dead of the protected wreck,

Allows for the salvage of artifacts from said wreck with the express approval of the national government protecting the wreck, and a legitimate reason as determined by the national government be found for said salvage,

Refuses to allow any wreck that would have a hazardous impact on the environment, wildlife, or people near the ship wreck, or obstructs other watercraft,

States that any wrecks not under this protection will fall under all other applicable laws.

Co authored by Canadai
I now leave it up to the remaining ambassadors to point out any other edits that ought be made or if it is still in violation of WA laws

[Manticore Reborn]

Would you like to suggest an alternate wording?

Ummmm.....no. My government doesn't feel this is an issue worth pursing.

[Magthere]

Would you like to suggest an alternate wording?

Ummmm.....no. My government doesn't feel this is an issue worth pursing.

Despite the fact you don't care you do raise a fair point so lets try it with this edit:

Defines negative effects as any action that may phsically damage the protected wreck it self, or disrespects the dead of the protected wreck as per the cultures of those on board.