[Secret Playground] Loophole now, repeal later: GAR 408

[Libraria and Ausitoria]

♛

Pax Prosperitas

---

Proposal:

Repeal "Ban on Secret Treaties"

GAR #408

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The World Assembly,

Noting the necessity of secret negotiations to negotiate international peace,
Understanding the agreement to have such negotiations to arguably constitute an international agreement, which would have to be made public under this treaty,
Noting further that it is often necessary that peaceful concessions be secret, to avoid nationalist outrage, or the warlike interference of third parties,
Desiring and necessitating the maintenance of peace by the restoration of any and all such provisions otherwise rendered void by the "Ban on Secret Treaties",
Observing, therefore, that the ban as presently written is clearly detrimental to international peace,
Believing these matters must be taken into account in any restrictions on secret diplomacy,
Believing also that feline tabbies should make red herrings elsewhere,

Hereby repeals Resolution 408, "Ban on Secret Treaties".

---

Ban on Secret Treaties:

Ban on Secret Treaties
Category: Furtherment of Democracy | Strength: Mild

---

Whereas secret diplomacy has been observed to

1. cause national decision-makers to be left out of the loop of their own government's obligations during wartime, meaning that their decisions are fundamentally irrespective of the actual facts on the ground,
   
2. force other nations to miscalculate their intentions, the balance of power, their obligations, and their rewards, increasing the chances of widespread conflict, and
   
3. create misunderstandings between a government and the various factions of another government, leading to many disputes between governments which believe they have different or even contradictory obligations:

Now, therefore, be it enacted by this august and most excellent World Assembly, by and with the advice and consent of the Delegates and Members, in this present session assembled, and by the authority of the same, as follows :—

1. There shall be formed a committee of the Compliance Commission, styled the 'Judicial Committee of the Compliance Commission', to oversee the publication of all laws, treaties, and international agreements, and those other tasks that may be assigned to it from time to time.
   
   
2. All treaties and international agreements with the force of law entered into by member nations shall be published by those members and registered with the Judicial Committee of Compliance Commission, which shall promptly publish in full those treaties and international agreements.
   
   
3. Member nations may not invoke treaties or international agreements that have not been so registered in pursuance with the second section to this resolution. Provisions relating to mandates for secrecy or non-disclosure of the text or existence of past treaties and international agreements shall cease to have effect as if those provisions did not exist upon passage.
   
   
4. The words 'secret treaty' and all variant capitalisations thereof, excluding pluralisations, shall mean military-grade weapons and feline animals of varying sizes with tabby coats.

---

Subsequently noted loopholes & guarantee:

"The Aestorian Commonwealth would like to note the loophole whereby member nations may maintain, and automatically reissue, secret treaties on the understanding that they will resign from the WA to invoke them. While this is not a perfect fix, since it requires trust, it will do to smooth over the short term.

The Aestorian Commonwealth also notes the loophole whereby the provision of treaties with passages disguised, for instance by code or use of unknown languages, has not been banned by the resolution. While this is not a perfect fix, as it requires intelligent use of courts, this loophole may be used for future treaties. To ensure people cannot determine where such clauses are present, all future Ausitorian treaties while this ban is in force will have random gobbledigook.

For alternative loopholing, the national sport of the Aestorian lawyer, we have also filed with the Judicial Committee of the Compliance Commission an infinite treaty, containing all words in this common tongue in every combination and permutation. Since this contains all secret treaties and everything else that will ever be written, this treaty suffices to ensure that WA members are free to invoke their own secret treaties as necessary. We do hope the committee will not press control p, or they will use up the entire WA budget, and still not be able to get enough ink.

We note that the existence of these three loopholes also ensures that the current ban is severely compromised, and we will seek to close these loopholes in our replacement, which will operate to straightforwardly ban any secret diplomacy which requires a participant to commit to warlike or suchlike acts, except in certain exceptions, which we continue to consult on.

In the meantime the Aestorian Commonwealth would also like to unilaterally guarantee all reasonable secret clauses for a month or until a repeal comes into effect, whichever is sooner, to maintain the international peace as secured by secret treaties; and to invite nations unable to maintain their secret treaties to apply to us if they will need protection within or beyond this period."

---

"I do apologize for not putting this before you all prior to submission, but in view if the urgency of maintaining secret provisions before they can be made public I'm sure you'll understand. Apologies also, especially to the Imperium Anglorum, for not putting forward these arguments earlier in response to the actual filing. This does however mark the decision of the Aestorian Commonwealth to return to keeping a close eye on WA affairs.

In the event that a resubmission becomes appropriate, we shall of course be interested in all commentary in this discussion, and look forward to input from esteemed friends in this assembly."

~Richard Whittingrey, Ambassador Extraordinairre & High Commissionaire to the World Assembly from the Imperial Aestorian Commonwealth.

[Imperial Polk County]

Drane smirks and nods. "I like your formatting. Bolding every first word, that's very... bold. I do hope you find a large-bloc delegate to vote for this early, as the author has over three hundred votes to cast."

[Libraria and Ausitoria]

"That is always an issue. But that can be sorted later.

One issue is whether a repeal and replace model is preferred. There is certainly an issue with secret treaties, but secret diplomacy is also vital for the preservation of peace. It should be possible to formulate a more measured resolution and therefore we would welcome opinions on the subject. For instance, perhaps instead the ban could be limited to any secret clauses promising to engage in acts of war, etc."

[Libraria and Ausitoria]

"The Aestorian Commonwealth would like to note the loophole whereby member nations may maintain, and automatically reissue, secret treaties on the understanding that they will resign from the WA to invoke them. While this is not a perfect fix, since it requires trust, it will do to smooth over the short term.

The Aestorian Commonwealth also notes the loophole whereby the provision of treaties with passages disguised, for instance by code or use of unknown languages, has not been banned by the resolution. While this is not a perfect fix, as it requires intelligent use of courts, this loophole may be used for future treaties. To ensure people cannot determine where such clauses are present, all future Ausitorian treaties while this ban is in force will have random gobbledigook.

For alternative loopholing, the national sport of the Aestorian lawyer, we have also filed with the Judicial Committee of the Compliance Commission an infinite treaty, containing all words in this common tongue in every combination and permutation. Since this contains all secret treaties and everything else that will ever be written, this treaty suffices to ensure that WA members are free to invoke their own secret treaties as necessary. We do hope the committee will not press control p, or they will use up the entire WA budget, and still not be able to get enough ink.

We note that the existence of these three loopholes also ensures that the current ban is severely compromised, and we will seek to close these loopholes in our replacement, which will operate to straightforwardly ban any secret diplomacy which requires a participant to commit to warlike or suchlike acts, except in certain exceptions, which we continue to consult on.

In the meantime the Aestorian Commonwealth would also like to unilaterally guarantee all reasonable secret clauses for a month or until a repeal comes into effect, whichever is sooner, to maintain the international peace as secured by secret treaties; and to invite nations unable to maintain their secret treaties to apply to us if they will need protection within or beyond this period."

[Gig em Aggies]

Gotta work on that proposal more that last bit not adding or subtracting anything to your proposal but it won't help you anyways it's also to short of a proposal

[Yohannes]

---

Ambassador Whittingrey: it's a surprise to see you here! It's good to see one more of the more knowledgeable Ambassadors actually taking the time to do something in this chamber (instead of sleeping; as we usually do).

If there is something that I have seen over the last few days of actually commenting on things over this side of the fence (and actually watching proceedings, instead of sleeping), it is that the saying, who you know and how popular you are, over this side of the proverbial hall, trumps actual knowledge and research any time of the day. And there is nothing wrong with that, by the way, for it takes skills to actually campaign on behalf of one's proposal! Unless, of course, one used a certain... gnome fast-track automated telegram (literally) service...

(out of character statement: to clarify I am not opposed to the Telegram Stamps feature in any shape or form; that was just my Ambassador being her usual silly self)

So whilst I know that your government have a proven track record in innovating and researching academically complex and realistic (or not) things; unfortunately it seems unless you can advertise yourself and proverbially kiss the hands of the more influential World Assembly Delegates out there -- and the regular Ambassadors around here -- you won't be able to accomplish much in this chamber; no matter how knowledgeable -- no matter how intelligent and well informed -- you are.

But I am surprised to see you actually taking the time to acknowledge the legitimacy of this chamber; let alone talking here! It's an honour to have one more knowledgeable dignitary coming here and actually doing something instead of sleeping; like we have always been, as we have more important matters to attend to elsewhere; namely, keeping our spheres of influence intact (though we have abandoned this practice since 2015 as you would know yourself, Mr Ambassador), or in your case: arguing (literally) with SACTO over who should rule which island out there.

And as for me? I will go outside to have a wee tea break once again, and when I am back I expect to see you standing there saying: "Why did I submit this too early?"

With much love and a little kiss.

Her Excellency Elisa Rue Wake, Emperor’s Counsel
World Assembly Ambassador of Yohannes

Edit out of character statement: I personally don't like your proposal, sorry Lib. Though I am a nobody in the World Assembly sub forum anyway so my word means nothing

[Tzorsland]

It's a shame that this repeal is considered "legal." It basically ignores the arguments that are made in the original resolution and effectively just makes the assertion (without proof) that the repeal argument is right. "Noting further that it is often necessary that peaceful concessions be secret, to avoid nationalist outrage, or the warlike interference of third parties," is nothing short of falsehoods ... "often necessary?" You mean that the super majority of all treaties done by members of the WA are "secret?" Hint, hint, wink, wink, nudge, nudge, say no more?

[Fauxia]

Shoulda waited before submission

[Algavich]

"Wow, that was quick."

[Libraria and Ausitoria]

"Thank you all, especially your Yohannesian excellency, for the various comments raised here. We are well aware of the unfortunate manner in which tedious campaigning is usually necessary to get anything passed here. Since we have no time to mobilize such immediate support, this proposal is indeed likely to fail. It was not proposed with any expectation of success: it is a stop-gag measure to ensure that nations are aware of the loopholes available so that the ban is ineffective and across the globe secret treaties are maintained in force. It is a warning shot across the bows. It is an advertizing campaign of Ausitoria’s determination to support secret diplomacy. It is the Aestorian ambassador making an entrance, dressed like a multicoloured dinosaur (which, I am assured, now has about 503 billion hits on viewtube, an audience approval rating of 54%, and is currently being adapted into a major motion picture, with half of the profits going to the Aestorian Refugee Resettlement Programme).

It is, in short, an announcement that we have decided to render the ban effectively null and void.

It is also handy to gauge support for a proper repeal. In the likely event this fails, in due course, on the timescale of about a month, we will be campaigning for a repeal in the normal manner.

Addressing the other subject, from the nifty republic of Tzorsland, "often necessary" means it is often necessary that concessions are secret, not that it is often necessary that nations make treaties which are concessions. Certainly Ausitoria has a great number of secret provisions which we intend to keep in force. Of course I cannot speak for other nations. They must speak for themselves."

[The Egyptian Pharocracial Suzerainty]

It is, in short, an announcement that we have decided to render the ban effectively null and void.

For.

The Suzerainty will vote in favor when this goes to voting.

- Ambassador Rorschach

[The Greater Siriusian Domain]

Teran Saber: "Against. It is of our belief that government transparency is critical enough an issue to sacrifice national sovereignty on. If it affects the people, they have every right to know about it."

[Libraria and Ausitoria]

"Secrets are necessary when enemies would use the information against you."

[Yohannes]

"Secrets are necessary when enemies would use the information against you."

Ambassador Wake gently reached for Ambassador Whittingrey's arm.

"Ambassador Whittingrey...", she whispered.

"Shush!"

"It's probably better to keep it quiet. Keep it quiet, please."

"Don't let those Ambassadors know what great powers do; we only abide by and comply with those resolutions we agree with..."

"... and as to those resolutions we disagree with? Well, we simply quietly shove them into the rubbish bin."

"Let those hard-working Ambassadors write endless resolutions after resolutions and legislate themselves to death -- with more and more restrictions and regulations on things that don't actually matter."

"And as for us? We simply watch and laugh."

"I mean, what can they do anyway? Are they going to say: Stop, don't do it."

"Ha ha, funny."

"Now, Ambassador Whittingrey, if you would, please, be a good... Ambassador, and don't reveal too much, it'd be sweet as."

"We have got to maintain our return on investment rate in at least two hundred nation states this year."

"Please don't ruin it for us."

"Or... else." Ambassador Wake smiled softly, but this time it was different -- her face smiled but her eyes didn't.

"The Commonwealth Navy hasn't got much to do these days. Would you like a cuppa tea, Ambassador Whittingrey?"

[The Egyptian Pharocracial Suzerainty]

It is of our belief that government transparency is critical enough an issue to sacrifice national sovereignty on.

Of course you do.

It is Our belief that it is not critical enough enough of an issue to sacrifice our national sovereignty on.

What you do with your own national sovereignty is your own affair. However...

One observes that those who sacrifice a bit of national sovereignty for an illusion of transparency soon end up in the same position as the woman who was "just a little bit pregnant."

There's a simpler and shorter phrase for those who would trade another's sovereignty for that illusion: most nations call them "enemy".

- Ambassador Rorschach

[Separatist Peoples]

It is of our belief that government transparency is critical enough an issue to sacrifice national sovereignty on.

Of course you do.

It is Our belief that it is not critical enough enough of an issue to sacrifice our national sovereignty on.

What you do with your own national sovereignty is your own affair. However...

One observes that those who sacrifice a bit of national sovereignty for an illusion of transparency soon end up in the same position as the woman who was "just a little bit pregnant."

There's a simpler and shorter phrase for those who would trade another's sovereignty for that illusion: most nations call them "enemy".

- Ambassador Rorschach

"Cool, then the WA is your enemy. Better resign!" Bell rolls his eyes at the paranoid ambassador.

[The Egyptian Pharocracial Suzerainty]

"Cool, then the WA is your enemy. Better resign!" Bell rolls his eyes at the paranoid ambassador.

No.

Anything else?

[Separatist Peoples]

"Cool, then the WA is your enemy. Better resign!" Bell rolls his eyes at the paranoid ambassador.

No.

Anything else?

"Boy, you're even less likable than that fellow from Greater Gilead."

[Tzorsland]

"Secrets are necessary when enemies would use the information against you."

"More like secret treaties are necessary when member states want to circumvent General Assembly resolutions thought the use of puppet nations outside of the scope of the World Assembly. We all see what you are doing here. Strongly opposed!"

[Wallenburg]

"Cool, then the WA is your enemy. Better resign!" Bell rolls his eyes at the paranoid ambassador.

No.

Anything else?

"Yes. I imagine that the more powerful member states around here will be using your nation as nuclear testing grounds shortly."

[Separatist Peoples]

No.

Anything else?

"Yes. I imagine that the more powerful member states around here will be using your nation as nuclear testing grounds shortly."

Bell quickly hides a suspicious looking "football."

[Libraria and Ausitoria]

[...]

"We have got to maintain our return on investment rate in at least two hundred nation states this year."

"Please don't ruin it for us."

"Or... else." Ambassador Wake smiled softly, but this time it was different -- her face smiled but her eyes didn't.

"The Commonwealth Navy hasn't got much to do these days. Would you like a cuppa tea, Ambassador Whittingrey?"

Richard, eyebrow raised at Elisa, broke his face into a generous and charitable smile as the other nations argued. In peace, goodwill. Pax Prosperitas.

"The only great powers worth their weight are trading commonwealths with an idle navy. And a very long-term trader should find it worthwhile to maintain international compliance so as to maintain free open markets with the Auralian Resolution 209 ... and maintain the present international law and order by crying havoc and letting slip purposive construction, textualism, and teleology ... the correct interpretation. Therefore we have, with this, our advertisement, set about bypassing this entire resolution for all nations, regardless of disposition, without anyone requiring so much as a hint of illegitimate non-compliance. We will all therefore pick up the market rebound and the peace dividend. Why tie down your battleships when you can elegantly and ingeniously cruise your way, by style or stealth, out of any problem?

I am sure that a great power such as yours will appreciate this modus operandi... for the interests of the free traders are the interests of all: that is how to interpret the international system to its fullest. So, since it is always teatime, I would invite you to help yourself to a slice of our cake. You see, teatime gets bigger, the more that people participate in it - a self-perpetuating party built on mutual interests. But a storm in a teacup is no place for any navy, and if anyone ever decides that only they should have the cake, they will find others continue teatime without them, and they are left with mere crumbs.

So, shall we do tea together properly? There's an excellent tea-room in the airship, and, since it is owned by a free trading commonwealth with a navy, they will never run out of tea. I certainly think we can agree this ban on secret treaties is finished for now..."

He smiled, looking forward to the tea... that is, as long as nobody present suddenly suggested a game of nuclear football...

[The Egyptian Pharocracial Suzerainty]

"Yes. I imagine that the more powerful member states around here will be using your nation as nuclear testing grounds shortly."

We shoot back. With orbital weapons.

As does the Pharocracyan Commonwealth.

As does the United Nations of Barbaria United Task Force, when reacting to an unprovoked attack upon one of its member states by outside aggressors.

Talk is cheap. Whiskey costs money.

Bring it.

[Separatist Peoples]

"Yes. I imagine that the more powerful member states around here will be using your nation as nuclear testing grounds shortly."

We shoot back. With orbital weapons.

As does the Pharocracyan Commonwealth.

As does the United Nations of Barbaria United Task Force, when reacting to an unprovoked attack upon one of its member states by outside aggressors.

Talk is cheap. Whiskey costs money.

Bring it.

"Okay."

Bell grabs the Obnoxious Ambassador and tosses him bodily out the window and into the Vastavian Memorial Reflecting Pool. It is not a dignified and graceful throw, but one of exasperation.

As he waits for the splash, Bell shouts out, "Come back when you can place nicely with others for a change!"

SPLASH!

"Right, I'm going to the Bar. If any of you see that jerk in here, toss him out again."

And with that, Bell exits, stage left.

[The Egyptian Pharocracial Suzerainty]

"Boy, you're even less likable than that fellow from Greater Gilead."

Flattery will get you nowhere.

I am not here to be likable. I am here to represent the interests of the Suzerainty and its leader and people as a representative to the World Assembly. Said representation specifically to consist of being to act as an impediment to the World Assembly's well known, albeit ever ineffectual, attempts to curtail the national sovereignty of various polities.

Well, actually, I am here because our foreign service requires that junior ambassadors serve a ten year sentence to observe the inmates of this asylum in their natural habitat before being allowed to progress in our Diplomatic Service to positions of actual responsibility and import, should we manage to survive the experience with our sanity intact.

As I had no sanity to begin with, I have a leg up on the previous Ambassadors. I expect to breeze through the decade with flying colors, and be vastly entertained the entire time.

However and be that as it may, I do not like you either. I wasn't aware that liking you was a requirement for being a WA Member. I had thought that the only requirement was having a tolerance for long-winded pedants and egregious manure masquerading as legislature. To date, I have seen nothing to dissuade me from that opinion.