[PASSED] The Civil Charter of the World Assembly

[The Ice States]

Update: This has now become GA #654! I would like to thank everyone who supported this, and who provided feedback both in this thread and elsewhere.

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For the increasingly likely event that the at vote fails. This will be submitted under Political Stability, Significant.

Whereas there exists an ominous silence surrounding a charter resolution to codify the role of the World Assembly and its relationship with its many member nations;

And whereas a governing charter of the World Assembly, formally codifying the rights, lefts, obligations, and freedoms of member nations in peacetime, would facilitate the ability of the World Assembly to take a strong, collective stance for the rights and dignities of sapient beings around the world, and also against a certain goblinoid menace which occasionally rampages against this grand bureaucracy; be it hereby declared as follows—

1. Each World Assembly member nation shall be recognised as a sovereign power, both by the World Assembly and by its individual member nations. To that end, no member nation shall be restricted in its ability to determine its own affairs, including its own system of government, its own borders, and its own legislation, subject to the limitations of relevant international law, including that of the World Assembly.
   
   
2. Likewise, each member nation shall have the right to freely conduct its international relations and activity, subject to the limitations of relevant international law, including that of the World Assembly.
   
   
3. In accordance with its sovereignty, each member nation has consented to being subject to World Assembly law by virtue of its membership in this august body. As a result, every member nation must fully comply with all active World Assembly law, including this resolution, in good faith, to the very best of its ability, and without any preventable delay. This shall apply regardless of any other law binding that member nation, whether subnational, national, or international.
   
   
4. The World Assembly shall have the ability to, via resolution, directly and indirectly enforce penalties upon any member nation which fails in its duty under Section 3, including through measures such as fines and trade sanctions.
   
   
5. Every member nation should be treated fairly under World Assembly law, as this supremacy grants this assembly great power over its member nations. Therefore, member nations shall maintain full equality under all World Assembly law.

Co-author: Kenmoria

Discuss.

[The Ice States]

Whereas the repeal of General Assembly Resolution #2 has left an ominous silence surrounding a charter resolution to govern the role of the World Assembly and its relationship with its many member nations; and

Whereas a governing charter of the World Assembly, specifying the rights, lefts, obligations, and freedoms of member nations in peacetime, would facilitate the ability of the World Assembly to take a strong, collective stance for the rights and dignities of sapient beings around the world, and also against a certain goblinoid menace which occasionally rampages against this grand bureaucracy;

This most august and excellent assembly, with the consensus and consideration of its member nations voluntarily assembled here, hereby declares the following.

1. Each World Assembly member nation shall be recognised as a sovereign power, both by the World Assembly and by its individual member nations.
   
   
2. As a sovereign power, no member nation shall be restricted in its ability to determine its own affairs, including its own system of government, its own borders, and its own legislation, subject to the limitations of relevant international law, including that from the World Assembly.
   
   
3. Yet, each member nation has consented to being subject to World Assembly law by virtue of its membership in this august body. As a result, every member nation must fully comply with all active World Assembly law, including this resolution, in good faith, to the very best of its ability, and without any preventable delay. This shall apply regardless of any other law binding that member nation, whether subnational, national, or international.
   
   
4. Due to the need for the World Assembly to be able to enforce compliance with its mandates for them to indeed be effective, the World Assembly shall have the power to, via resolution, directly and indirectly enforce penalties upon any member nation which fails in its duty under Section 3, including through measures such as fines and trade sanctions.
   
   
5. As a result of this supremacy, World Assembly law should be enacted responsibly, treating all member nations fairly. Accordingly, member nations shall maintain full equality under all World Assembly law.
   
   
6. The WA Service for Arbitration, also known as the WSA, is established, and may arbitrate disputes arising between a member nation or any entity therein and the World Assembly, including any committee thereof. Arbitration awards issued by the WSA shall be binding upon all parties to the dispute in question, if said parties have consented prior to the award's determination to being bound by said award. Yet, no arbitration award issued by the WSA may contravene active World Assembly law, including this resolution.

Whereas the repeal of General Assembly Resolution #2 has left an ominous silence surrounding an official charter of the World Assembly to govern the role of the World Assembly and its relationship with its many member nations; and

Whereas a governing charter of the World Assembly, specifying the rights, lefts, obligations, and freedoms of member nations in peacetime, would facilitate the ability of the World Assembly to take a strong, collective stance for the rights and dignities of sapient beings around the world, and also against a certain goblinoid menace which occasionally rampages against this grand bureaucracy;

This most august and excellent assembly, with the consensus and consideration of its member nations voluntarily assembled here, hereby declares the following.

1. Each member nation has consented to being subject to World Assembly law by virtue of its membership in this august body. As a result, each member nation must fully comply with all active World Assembly law, including this resolution, in good faith, to the very best of its ability, and without any preventable delay.
   
   
2. Further, all active law from the World Assembly shall be considered supreme over all other law binding that member nation, whether subnational, national, or international.
   
   
3. Due to the need for the World Assembly to be able to enforce compliance with its mandates for them to indeed be effective, the World Assembly shall maintain the power to directly and indirectly enforce penalties upon any member nation which fails in its duty under Section 1, including through measures such as fines and trade sanctions.
   
   
4. Yet, as a result of this supremacy, World Assembly law should be enacted responsibly, treating all member nations fairly. Accordingly, member nations shall maintain full equality under all World Assembly law.
   
   
5. Further, each World Assembly member nation shall be recognised as a sovereign power, both by the World Assembly and by its individual member nations.
   
   
6. As a sovereign power, each member nation shall have the freedom to determine its own affairs, including its own system of government, its own borders, and its own legislation, subject to the limitations of relevant international law, including that from the World Assembly.
   
   
7. The WA Service for Arbitration, also known as the WSA, is established, and shall hear material disputes arising between a member nation or any entity therein and the World Assembly, including any committee thereof. It shall be granted the power to issue arbitration awards, which shall be binding upon all parties to the dispute in question, if said parties have consented prior to the award's determination to being bound by said award.

[Tinhampton]

The Peacetime Charter of the World Assembly

Why just peacetime?

3. Due to the need for the World Assembly to be able to enforce compliance with its mandates for them to indeed be effective, the World Assembly shall maintain the power to directly and indirectly enforce penalties upon any member nation which fails in its duty under Section 1, including through measures such as fines and trade sanctions.

Would this allow the WA to impose sanctions on non-compliant states - or even states that comply in bad faith - even if GA#440 "Administrative Compliance Act" were struck out? (And if GA#186 "Medical Provisions in Blockades" were to be repealed too, would this prevent a replacement?)

5. Further, each World Assembly member nation shall be recognised as a sovereign power, both by the World Assembly and by its individual member nations.

6. As a sovereign power, each member nation shall have the freedom to determine its own affairs, including its own system of government, its own borders, and its own legislation, subject to the limitations of relevant international law, including that from the World Assembly.

This protects national self-determination like Privacy Protection Act protects privacy. (It would also be illegal for contradicting Popular Statecraft, if that passes in about eight days.)

The WA Service for Arbitration, also known as the WSA, is established, and shall hear material disputes arising between a member nation or any entity therein and the World Assembly, including any committee thereof. It shall be granted the power to issue arbitration awards, which shall be binding upon all parties to the dispute in question, if said parties have consented prior to the award's determination to being bound by said award.

This is not the first time you have tried to create a committee using the "WSA" acronym that threatens to destroy freedoms. Unfortunately, it is far more damaging in these regards than the World Service for Addiction could have ever been. I do not want a mechanism such as proposed here to either directly change member state law through means other than passage of (and direct compliance with) resolutions, nor to force the WA itself to change its practices in potentially unintended manners. I suspect many others would not, either.

[The Ice States]

The Peacetime Charter of the World Assembly

Why just peacetime?

As to avoid addressing a WA army etc, which would be far more controversial.

3. Due to the need for the World Assembly to be able to enforce compliance with its mandates for them to indeed be effective, the World Assembly shall maintain the power to directly and indirectly enforce penalties upon any member nation which fails in its duty under Section 1, including through measures such as fines and trade sanctions.

Would this allow the WA to impose sanctions on non-compliant states - or even states that comply in bad faith - even if GA#440 "Administrative Compliance Act" were struck out?

It would allow this, even if would not necessarily occur. Amended the draft to make this more explicit.

(And if GA#186 "Medical Provisions in Blockades" were to be repealed too, would this prevent a replacement?)

No.

5. Further, each World Assembly member nation shall be recognised as a sovereign power, both by the World Assembly and by its individual member nations.

6. As a sovereign power, each member nation shall have the freedom to determine its own affairs, including its own system of government, its own borders, and its own legislation, subject to the limitations of relevant international law, including that from the World Assembly.

This protects national self-determination like Privacy Protection Act protects privacy. (It would also be illegal for contradicting Popular Statecraft, if that passes in about eight days.)

How would it contradict?

The WA Service for Arbitration, also known as the WSA, is established, and shall hear material disputes arising between a member nation or any entity therein and the World Assembly, including any committee thereof. It shall be granted the power to issue arbitration awards, which shall be binding upon all parties to the dispute in question, if said parties have consented prior to the award's determination to being bound by said award.

This is not the first time you have tried to create a committee using the "WSA" acronym that threatens to destroy freedoms. Unfortunately, it is far more damaging in these regards than the World Service for Addiction could have ever been. I do not want a mechanism such as proposed here to either directly change member state law through means other than passage of (and direct compliance with) resolutions, nor to force the WA itself to change its practices in potentially unintended manners. I suspect many others would not, either.

If you do not want the WSA to change your laws, then do not consent to binding arbitration. Also note that as "directly changing member state law" only occurs by the issuing of arbitration awards, a member nation's input would almost certainly be considered by the WSA in determining the award. I have added a provision that WSA awards may not violate WA law.

[Comfed]

(a) This does nothing except for establishing an optional arbitration committee that is unrelated to the rest of the proposal.

(b) Address the war issue if you're going to replace GA#2. This was one of the main reasons why it was repealed and it's nonsense not to include it in such a replacement just for the purposes of political expediency. If you do that you are going to have a real nothing resolution.

(c) How is this substantially different than the resolution that is currently failing at vote?

[The Ice States]

(a) This does nothing except for establishing an optional arbitration committee that is unrelated to the rest of the proposal.

Is mandating good faith compliance and supremacy of WA law "doing nothing"?

(b) Address the war issue if you're going to replace GA#2. This was one of the main reasons why it was repealed and it's nonsense not to include it in such a replacement just for the purposes of political expediency. If you do that you are going to have a real nothing resolution.

This only addresses the peacetime aspects of GA #2. The wartime aspects of the same are not in the scope of this proposal, and I have absolutely no intent of including them here.

(c) How is this substantially different than the resolution that is currently failing at vote?

The most controversial provisions -- such as advocating membership to non-members and military aspects, eg here -- are not present. The arbitration committee is also not present in the at vote resolution.

[Comfed]

(a) This does nothing except for establishing an optional arbitration committee that is unrelated to the rest of the proposal.

Is mandating good faith compliance and supremacy of WA law "doing nothing"?

Yes. Compliance with GA law is already mandatory.

(b) Address the war issue if you're going to replace GA#2. This was one of the main reasons why it was repealed and it's nonsense not to include it in such a replacement just for the purposes of political expediency. If you do that you are going to have a real nothing resolution.

This only addresses the peacetime aspects of GA #2. It does not address the wartime aspects of the same, and I have absolutely no intent of including it here.

That is a shame. There is little purpose to replacing Rights and Duties if you are not going to address one of its most critical aspects.

[The Ice States]

Is mandating good faith compliance and supremacy of WA law "doing nothing"?

Yes. Compliance with GA law is already mandatory.

What about that member nations must comply with WA law in good faith, and that WA law is supreme over all other national, subnational, and international law?

This only addresses the peacetime aspects of GA #2. It does not address the wartime aspects of the same, and I have absolutely no intent of including it here.

That is a shame. There is little purpose to replacing Rights and Duties if you are not going to address one of its most critical aspects.

This is not intended to replace every provision, or the entire scope, of GA #2.

[Chipoli]

"Full support. This fixes most of the problems with GA #2 and doesn't cause any major issues."

[The Ice States]

Bump.

[Jedinsto]

OOC: Is the WSA meant to be some kind of constitutional court of sorts? Also, I don't believe the part about determining their own system of government is just. That can lead to inherently evil dictatorships rising and other WA nations having no right to overthrow that government on account of that clause. Overall I think this is well written and would serve well as a foundational document for the WA, as I can't recognize any other obvious flaws at the moment.

Edit: Actually there is one obvious flaw. Nowhere in the proposal text does it actually clarify these mandates only apply in peacetime. While I am not opposed, if that was not your intent, I suggest you change the operational clause to something like this:

This most august and excellent assembly, with the consensus and consideration of its member nations voluntarily assembled here, hereby enacts the following statements into law, to be upheld in all member nations during peacetime:

[The Ice States]

Thanks for the feedback. The WSA is supposed to be more of an international arbitral tribunal. I have rewritten Section 2 to address your concerns thereof.

Actually there is one obvious flaw. Nowhere in the proposal text does it actually clarify these mandates only apply in peacetime. While I am not opposed, if that was not your intent, I suggest you change the operational clause to something like this:

This is not what the "peacetime" aspect means; it means that this does not address aspects of a charter relating to war. It still applies during wartime. I've changed the title to make this more clear.

[The Ice States]

Bump.

[Gruenberg]

the repeal of General Assembly Resolution #2 has left an ominous silence surrounding an official charter of the World Assembly to govern the role of the World Assembly and its relationship with its many member nations

No it hasn't, because Rights & Duties was never an official charter.

So, problem solved. Looks like this won't be needed.

[The Ice States]

Removed "official charter" wording.

[HM Queen Elizabeth III]

I must disagree with the wording of Section 4, "Further, all active law from the World Assembly shall be considered supreme over all other law binding that member nation, whether subnational, national, or international", for the same reasons I voted against "The Rights, Wrongs, Duties, And Powers Of WA States."

I believe that this declared sovereignty of the World Assembly over its member nations is supraconstitutional and actually interferes with Section 2 of this Resolution. If Section 4 can be removed, or worded differently, I believe I will be able to support this Resolution, which is otherwise well-written and straightforward.

[Heidgaudr]

I must disagree with the wording of Section 4, "Further, all active law from the World Assembly shall be considered supreme over all other law binding that member nation, whether subnational, national, or international", for the same reasons I voted against "The Rights, Wrongs, Duties, And Powers Of WA States."

I believe that this declared sovereignty of the World Assembly over its member nations is supraconstitutional and actually interferes with Section 2 of this Resolution. If Section 4 can be removed, or worded differently, I believe I will be able to support this Resolution, which is otherwise well-written and straightforward.

"That's simply absurd. Section 4 is about as descriptive as one can get in the World Assembly. It's how the WA has always functioned and will continue to function until the end of days. Furthermore, there is no conflict with Section 2 as 2 explicitly states: 'subject to the limitations of relevant international law, including that from the World Assembly.' It's a complete non-issue and I don't understand why your delegation keeps bringing it up."

[The Ice States]

"We have amended the wording of the resolution to address the comments of an ambassador. However, otherwise we believe that the World Assembly has little purpose as an institution if member nations would merely have to pass legislation declaring their intent to be non-compliant."

~Alexander Nicholas Saverchenko-Colleti,
World Assembly Ambassador,
The Communal Union of the Ice States.

[HM Queen Elizabeth III]

Thanks for your cooperation, I am prepared to offer support to this proposal.

[Nekommunism]

nyanya nya nyanya nya nya

[The Ice States]

Bump.

[The Ice States]

Bumping again.

[The Ice States]

"Due to the lack of new comments, we are submitting this next."

~Alexander Nicholas Saverchenko-Colleti,
World Assembly Ambassador,
The Communal Union of the Ice States.

[Simone Republic]

Anything to do with a WA arbitration court / police force etc probably faces too much opposition.

[The Ice States]

Anything to do with a WA arbitration court / police force etc probably faces too much opposition.

There is already a WA court, GA #466, and this does not address a WA police. In any case, I've removed Section 6.