Declaration on Non-Compliance
A resolution to express a position on international affairs.
Category: Declaration | Type: Declare | Proposed by: Sanctaria
The Security Council,
RECOGNISING the General Assembly as a fellow chamber of the World Assembly dedicated to passing legislation across a myriad of different international topics or other areas deemed to be of international concern,
UNDERSTANDING that the legislation the General Assembly passes is intended to be binding on member states, to avoid abdication of the responsibilities of membership while retaining all of the rights and privileges,
ACCEPTING that translating and implementing international law across a membership consisting of hundreds of different societies, legal systems, and languages is not an easy feat,
BELIEVING, however, that such a sisyphean task does not, nor should not, allow member nations to wilfully ignore, in bad faith, legislation passed by the General Assembly,
Hereby
CATEGORISES non-compliance into two broad categories:
- bad faith non-compliance: whereby a nation wilfully, deliberately, and knowingly, engages in total or near-total non-compliance with a resolution passed by the General Assembly, in an open, brazen, or otherwise disruptive manner,
- creative compliance: whereby a nation interprets or applies a resolution or resolutions passed by the body strictly by the letter of the law, and not by the general spirit intended by the author(s) of said resolution(s), in order to avoid consequences deemed by that nation to be harmful;
OPINES that engaging in bad faith non-compliance to be a perfidious and dishonorable act, and one that should bear consequences;
SCOLDS member states that engage in bad faith non-compliance, and urges them to re-engage with the General Assembly and its resolutions in a good faith and constructive manner;
RECOMMENDS that member states refuse to vote to allow the Security Council bestow a commendation on a nation currently engaging in bad faith non-compliance, particularly where the proposed commendation for that nation predominately extolls their legislative history in the General Assembly;
REQUESTS that member states apply international consequences in a proportionate and reasoned manner on nations engaged in bad faith non-compliance, with severity of the consequences depending on the number of resolutions that nation is in bad faith non-compliance with, or the egregiousness of the breach of compliance;
UNDERSTANDS that such consequences may include, but are not limited to:
- revocation of invitations to, or membership of, other international and/or intra-regional bodies or conferences,
- sanctions, trade or otherwise, on the member state, and on its political, commercial, and financial classes,
- consistent diplomatic and/or political pressure to coax the nation to re-comply with the General Assembly resolution(s) in question;
HOPES that member states engaging in creative compliance fully implement all resolutions passed by the General Assembly, including respecting the spirit of the resolution and not just the letter;
URGES member states engaging in creative compliance to cooperate constructively with the General Assembly, via the repeal, or the repeal-and-replace traditions of the body, to reduce occurrences of creative compliance;
TRUSTS the member states of the Security Council to determine themselves which category of non-compliance a member state engaged in such a practice may fall in to, however;
ADVISES member states of the Security Council to be considerate of the arguments made by delegations to the General Assembly when coming to such a determination.