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[Challenge] Patent Recognition Treaty

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Separatist Peoples
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[Challenge] Patent Recognition Treaty

Postby Separatist Peoples » Wed Mar 01, 2017 9:31 am

viewtopic.php?f=9&t=403517

We've all said our bits in the thread, but we should still release an actual holding. I'm inclined to say this:



Upon review of the proposal, we believe that the Patent Recognition Treaty does not violate the Ideological Ban rule. To hold that mere recognition of a concept that a nation is ideologically opposed to is insufficient to warrant application of the rule. To do so would create an overbroad rule that would bar a majority of existing legislation, rationalizing down ever more slippery slopes. The analogy of property rights as a bundle of sticks is apt here: we believe one can recognize, and even mandate, a few of the sticks in that bundle without lashing the entire stack to every law book, thus crossing the line into banning communal property ideologies wholesale.

As such, we hold the proposal to be Legal.
Last edited by Separatist Peoples on Wed Mar 01, 2017 1:21 pm, edited 2 times in total.

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Sciongrad
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Postby Sciongrad » Wed Mar 01, 2017 12:52 pm

I'll sign on to that.
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Glen-Rhodes
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Postby Glen-Rhodes » Wed Mar 01, 2017 1:07 pm

Sounds good

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Sierra Lyricalia
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Postby Sierra Lyricalia » Wed Mar 01, 2017 1:16 pm

My quibbles are entirely stylistic.

"... existing legislation in ever-slippier slopes of rationalizing..." -> "...existing legislation, rationalizing down ever more slippery slopes..."

"...we believe one can recognize, and even have, a few of the sticks in that bundle without crossing the line into banning communal property ideologies wholesale." -> "...we believe one can recognize, and even mandate, a few of the sticks in that bundle without lashing the entire stack to every lawbook, that is, without crossing the line into banning communal property ideologies wholesale."
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Separatist Peoples
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Postby Separatist Peoples » Wed Mar 01, 2017 1:21 pm

Sierra Lyricalia wrote:My quibbles are entirely stylistic.

"... existing legislation in ever-slippier slopes of rationalizing..." -> "...existing legislation, rationalizing down ever more slippery slopes..."

"...we believe one can recognize, and even have, a few of the sticks in that bundle without crossing the line into banning communal property ideologies wholesale." -> "...we believe one can recognize, and even mandate, a few of the sticks in that bundle without lashing the entire stack to every lawbook, that is, without crossing the line into banning communal property ideologies wholesale."

Edits made.

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Sierra Lyricalia
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Postby Sierra Lyricalia » Wed Mar 01, 2017 1:28 pm

Looks good. I can join that.
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Separatist Peoples
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Postby Separatist Peoples » Wed Mar 01, 2017 1:35 pm

That's a Majority, per the newest provision in our procedure. I will hold off on publishing the holding Opinion until CD and BA have a chance to add in, since they both agree with the holding but haven't signaled an intent to write a concurrence or sign on.

*** General Assembly Secretariat Ruling ***

Challenged Proposal: Patent Recognition Treaty
Date of Decision: 3 March, 2017
Decision: Proposal is legal, 4-0 (Majority reached, votes pending)
Rules Applied: Ideological Ban


Opinion forthcoming.

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Mallorea and Riva
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Postby Mallorea and Riva » Wed Mar 01, 2017 5:21 pm

Bunch of law school nerds talking about the bundle of sticks >_>

For whatever it is worth, your reasoning is more or less the same as precedent has decided on this rule. It has been the established position for quite awhile that the IB rule fails to block incremental changes to member states, after all if it did do so then the WA would be unable to legislate on... well... anything.

Mallorea and Riva wrote:
The above proposal, as currently written, does not constitute a violation of Section 1, Article 1 of GAR #2.

This proposal does not prohibit the existence of absolute monarchies nor any other type of dictatorship, autocracy, authoritarianism, despotism, or tyranny. It may place restrictions upon such forms of government but the General Assembly is capable of chipping away at certain aspects of any given type of government.

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Sierra Lyricalia
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Postby Sierra Lyricalia » Wed Mar 01, 2017 6:32 pm

Mallorea and Riva wrote:Bunch of law school nerds talking about the bundle of sticks >_>


Ha, when I first saw that I thought it was an explicit allusion to the symbol of the Roman (and to some extent, the American) Republic.

[/different kind of nerd]
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Mallorea and Riva
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Postby Mallorea and Riva » Wed Mar 01, 2017 6:37 pm

Sierra Lyricalia wrote:
Mallorea and Riva wrote:Bunch of law school nerds talking about the bundle of sticks >_>


Ha, when I first saw that I thought it was an explicit allusion to the symbol of the Roman (and to some extent, the American) Republic.

[/different kind of nerd]

Nah, the idea is that "property rights" are no one concept, but rather a series of smaller concepts which (much like a bundle of sticks) can be grouped together to form something somewhat meaningful, but still nebulous.
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Frattastan quote of the month: Mall is following those weird beef-only diets now.

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Postby Bears Armed » Thu Mar 02, 2017 11:02 am

I'll sign on to this ruling.
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Postby Christian Democrats » Fri Mar 17, 2017 11:26 am

I agreed with the above ruling -- issued while I was away.
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