[PASSED] Repeal GA#464 "Protection of Airspace"

[Tinhampton]

On the 24th of August 2023, Repeal "Protection of Airspace" became GA#682!

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This proposal has been filed to the General Assembly Repeals Board.
NOTE: at 1944 BST on the 3rd of August 2023, this proposal reached quorum with The Flyin's approval, the 56th all told.

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Character count: 1,349
Word count: 204

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: The delegation from East Meranopirus has believed that their resolution on the Protection of Airspace has been worthy of repeal since very shortly after it passed. And with that said... an actual repeal.

Repeal "Protection of Airspace"
A resolution to repeal previously passed legislation.

Category: Repeal

Target: GA#464

Proposed by: Tinhampton

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General Assembly Resolution #464 “Protection of Airspace” (Category: Regulation; Area of Effect: Transportation) shall be struck out and rendered null and void.

Recognising that while Article 2a of GA#464 protects each member state's control "over their territorial airspace with regards to the movement of aircraft," it excludes "any World Assembly regulations regarding civilian aircraft protections" regardless of when those regulations may have been made,

Noting that while this exclusion was likely a good-faith attempt to prevent the target resolution from overriding GA#342 "Civilian Aircraft Accord," it does not prevent any future WA regulation of civilian aircraft that it would not be allowed to make in the target's absence, making it useless in these regards,

Rather confuzzled at Article 2b's declaration that "[a]ll aircraft registered under International Transport Safety Committee (ITSC) regulations shall have the right to fly in international airspace," even though no resolution has established a process by which an aircraft may be "registered" with the ITSC and GA#34 "International Transport Safety" already requires nearly all aircraft that uses international aerospace to follow ITSC standards, and

Hopeful that future resolutions seeking to protect national control of territorial aerospace will do so properly and robustly, rather than simply talk up the need for solutions that do not seriously materialise...

The General Assembly hereby repeals GA#464 "Protection of Airspace."

[Tinhampton]

SEPTEMBER 21st 2022 ...or not

[West Barack and East Obama]

Noting that while this exclusion was likely a good-faith attempt to prevent the target resolution from overriding GA#342 "Civilian Aircraft Accord," it does not prevent any future WA regulation of civilian aircraft that it would not be allowed to make in the target's absence, making it useless in these regards,

Dr Justin Obama, Deputy Minister of Foreign Affairs: What are the negative effects of this outcome? It would seem pretty important for a WA resolution to not stand in the way of potentially crucial airspace regulations by other WA resolutions. We are opposed on this line of reasoning alone.

[Tinhampton]

Noting that while this exclusion was likely a good-faith attempt to prevent the target resolution from overriding GA#342 "Civilian Aircraft Accord," it does not prevent any future WA regulation of civilian aircraft that it would not be allowed to make in the target's absence, making it useless in these regards,

Dr Justin Obama, Deputy Minister of Foreign Affairs: What are the negative effects of this outcome? It would seem pretty important for a WA resolution to not stand in the way of potentially crucial airspace regulations by other WA resolutions. We are opposed on this line of reasoning alone.

Smith: From what I gather, the purpose of the target resolution was to prevent the WA from regulating what member states could do with their territorial airspace, with the exception of prior and standing resolutions on civilian aircraft. Instead, the carveout was worded to exclude any resolutions on civilian aircraft, whether passed before or after the target. You just should not be saying that your resolution is designed to respect national sovereignty over its airspace and then summarily authorise the World Assembly to steamroller over it.

[Calenoa]

"Zhis as I see it now contains good reasons to repeal such resoluzion. Though a replacement should be in order after the repeal. Zhat sounds good, ja?"
- Radulf Agler, WA Represenitive for The Community of Calenoa

[Cretox State]

"While we agree that the target doesn't protect national airspace as well as it could, we'd much rather see a replacement that does rather than simply repeal it and leave the WA with nothing covering the subject."

[Tinhampton]

Replacement posted, as per popular demand. This will go live around August 1st.

[States of Glory WA Office]

Neville: It is better to allow an imperfect blocker to remain than it is to repeal it and leave the door open for someone to swoop in and pass a resolution that tramples all over national sovereignty. Therefore, we are opposed.

[Tinhampton]

The Aerospace Act has been strengthened in a fashion that D-A Smith hopes allays his colleague's concerns. He is still working on this and will submit as scheduled, or maybe a few days earlier absent substantiative criticism.

[Apatosaurus]

"This repeal presents a compelling enough argument for us to support it."

[Tinhampton]

Thank you and bump.

[Tinhampton]

Hiya.

[The Ice States]

Please update the thread tag given the proposal's submission.

[West Barack and East Obama]

Dr Justin Obama, Deputy Minister of Foreign Affairs: Still against due to faulty reasoning. Protecting military helicopters disguised as tour- I mean, civilian aircraft is crucial to safety standards and protecting civilians from unnecessary harm. Attempting to institute a blocker in this regard is absolutely nonsensical, especially when what is actually meant to be covered by the blocker (anything to do with non civilian aircraft protections etc) is already adequately provided by the target resolution. There is no reason to repeal this except to hinder the progress of the WA in civilian aircraft safety.

[Simone Republic]

As cited on WALL - X-15. Rocket powered thingy, flew above Karman line. Spacecraft or airplane? At a certain point, the definition of the multi-verse mucks up the definition on territorial waters, territorial airspace, and space/planet/blackholes etc. The jurisdiction issues are a mess once you allow non-Earth planets to be a possible part of the multi-verse.

[Sea Dome]

We find GA#464 to be a hot mess, and this not to be. In fact, 464 is enough of a mess to justify repealing it even without a replacement in order, but there is one. As such we find no reason anyone should oppose this repeal. God help all the ill thought out laws out there -MSD@WAGA

[Gororo]

After thorough reading and contemplation with utmost sincerity, we deem that GA#464 resolution is a valid and constitutional regulation both in terms of form and substance. Recognizing the presence of ambiguities and incompleteness in the provisions, particularly in section 2 letter b, there is a need for for amendments and additional clauses in the said resolution, yet stopping short of complete repeal.

The repealing and annulment of a resolution would lead to a legal vacuum that could have implications in the sector, particularly in the domain of airspace sovereignty and neutral space which serves the purpose of inter-country trade.

[Sea Dome]

After thorough reading and contemplation with utmost sincerity, we deem that GA#464 resolution is a valid and constitutional regulation both in terms of form and substance. Recognizing the presence of ambiguities and incompleteness in the provisions, particularly in section 2 letter b, there is a need for for amendments and additional clauses in the said resolution, yet stopping short of complete repeal.

The repealing and annulment of a resolution would lead to a legal vacuum that could have implications in the sector, particularly in the domain of airspace sovereignty and neutral space which serves the purpose of inter-country trade.

The "amendments and additional clauses" you propose are illegal. What's legal is to repeal it and replace it, which is exactly what the author is attempting here. You have got pretty much the whole thing backwards. Sovereignty and trade concerns are currently hampered by bad law, and this would be fixed by repealing and replacing with the leaner, more sensible proposal in the chain.

[Burgh Island]

Government of Burgh Island Backs Resolution to Enhance Airspace Regulation
22nd of August 2023

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After a careful review and an independent analysis, the representative to the General Assembly for the Commonwealth of Burgh Island is prepared to vote for the repeal of “Protection Of Airspace”

"By recognizing the need for comprehensive World Assembly regulations regarding civilian aircraft protection, this resolution aligns with our pursuit of streamlined and robust governance solutions,” said Raed Samara, the Commonwealth's representative to the General Assembly.

Read our full statement and analysis here.

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Ministry for World Affairs | Ministrealachd Cüisean a Cruinne
Commonwealth of Burgh Island

[Tinhampton]

Repeal "Protection of Airspace" was passed 8,376 votes to 2,647. (75.99% support)

For: 8,376: Kethania (585), Ebonhand (583), Altys (490), Overthinkers (441), Frattastan II (225), Mechanocracy (203), Le Libertia (202), Socialist Platypus (156), Vinslott (108), South Boston Irishmen (108), Danslandia (96), Rayekka (90), Student Loan Debt (78), Suomalainem (74), Deims Kir (74), Verdant Haven (72), Marim Grunzy (71), Wintermoot (59), New United Common-lands (57), Lesser Velutaria (56), Vobron (54), 9006 (53), Oogway (43), Romanovskaya (35), Shanlix (35), Bearded Dragones (33), Moukden and Kirin (32), Particle (27), Parkplace (26), Baloo Kingdom (25), France Europe (24), Portzania (23), United Districts of Panem (22), Gran River (21), Densaner (19), Magical Girl Emi (19), NewTexas (18), Holy Anderele (17), Tinhampton (17), Gideon (17), Nationalist Yinmen (15), Awesomeness (15), Isaris (14), Eshington (13), Aura Banitia (12), LEOLAND3 (11), Revengi (11), Bolgatostand (11), Sovereign State Of Khalistan (10), Kingdom of Englands (9), Central Floridan (9), Hazahmkong (9), Merulla (8), Union of the Squids (8), The Voltarum (8), Brocklandia (8), Siluvia (7), Comunist Land1 (7), Amistake123 (7), Bay Terraces (7), Madrocea (7), Harrrison (7), OmegaShenron (6), Thee Imperium 0f Man (6), Migs (6), Kiev-Russ (6), Lurusitania (6), Koronic (6), Greater Cuba (6), Reino do Brazil (6), Seanat (5), The Dao (5), Quasi-Stellar Star Civilizations (5), Jibuti (5), Wabacha (5), The Soviet state of Svalbard (5), Kingdom of Castille (5), Great Libertona (5), Kartunesia (5), Oi Barbaroi (5), Northern Bucovina (5), Reactorland (5), Lysset (4), Wobbegong (4), Hipearia (4), Roylaii (4), Metal is the best (4), Polandorus (4), Jarrett Van Hees (4), Indorne (4), The Grand Kingdom of Elsweyr (4), Aanlin Mra (4), Toriniall (4), Arcerar (4), Zanderlandia (4), Asase Lewa (4), South Sulphur (4), Dolor Mortis (4), The United States of Azania (4), One Small Island (4), Puttt (4), Trash Heap (4), Island of Avalon (4), The Palentine (4), Elrennah (3), PouchiLand (3), Zombiedolphins (3), Pumpkin King (3), The Warpstorm (3), Utopiaana (3), Chap Ven (3), Avios (3), 11 Templar Knights (3), Pirates and Buccaneers (3), Flor-Fina (3), Kylarnatia (3), The Tony Paporordia (3), Lycantine (3), Denathor (3), Von Zeischter (3), Gregandua (3), Cliviest Afganistan (3), Rust Islands (3), BigBelly (3), Velvoinka (3), KaabaArabianEmirates (3), Mancel Rictor (3), Tricorniolis (3), Qudrath (3), DeviDukedom (3), Gatchina (3), Verlos (3), Joelsons (3), NBCLand (3), Liechteinshtain (3), WaffenBrightonburg (3), Chodean Kal (3), Weyland Yutani (3), Imperial Holia Myzkaaria (3), Direct Democratic Greece (2), Nazaan-Groz (2), Montenegrin Solograad (2), Eraden (2), Naughty Slave Girls (2), Crawlaysia (2), Imperial Felchah (2), Adeiatic (2), Lehqhbraot (2), Making Catgirls Real (2), NiCrawlosis (2), Libano do sul (2), Galactic Powers (2), Cha Hetstopia (2), Golanchia (2), Experience Eternal (2), New Laikland (2), The Akasha Colony (2), Shady Trees (2), Burgoyne (2), Hetairaea (2), Heneraton (2), Theoscafia (2), Hostis Humani (2), Nordmain-Ostfalen (2), New Stonkopolis (2), Dytarma (2), NinjitsUtopia (2), United Lammunist Republic (2), Memestw (2), Poliski (2), Dominos country (2), The Crystal Skulls (2), Chairman Cities (2), Gandoor (2), Gunterlandia (2), Jori Basu (2), Paridi5e (2), Pulastan (2), Nomrah (2), Devonithia (2), Dolphinicus (2), Movovia (2), The Terren Dominion (2), Nouveau Strasbourg (2), Sun Diamond (2), The Pigeon Cult (2), The Isles of Bermuda (2), Homalia (2), Akiniad (2), Torvien (2), Nascadia (2), Astronia (2), Astatima (2), Sneyland (2), The Buckland and Extended Shire (2), Joeyist Union (2), Alphabet Souple (2), Arcata Bay (2), DoubleCross (2), Phoenicia- (2), Malamute (2), Social Rights (2), Oldwick (2), Chumbawambing (2), Nytocho (2), Djeeta (2), Erasticanius (2), Sedgistan (2), Non-Pacistan (2), Free Scandanavia (2), and (3,332) individual member nations.

Against: 2,647: Chipoli (877), Lenlyvit (272), The Glorious Hypetrain (89), Mark (27), Sanctaria (27), Maurnindaia (18), Gravia (12), Kartof (12), The Bolivian Socialist Falange (9), Splena (9), Brovloand (9), Rulsolia (9), Landbang Rkipo Islands (9), Haaton Prime (9), Flemingisa (8), The Greenlandic North (6), Hydroponic Nation (6), Yormu (6), Wadelhelpia (6), Voxija (5), 70 Alternative Accounts (5), Markus Sarasti-Varis (5), Nine Kre (5), Acelandia (5), Pax Victoria (5), New Delfos (5), Kekkoslavia (4), Eclaire (4), Pary Elys (4), Vegaga (4), The Surviving Canadian Resistance (4), The Immortal Fire Nation (3), The Hanzanburg Union (3), Kleinekatzen (3), Pye48 (3), Yokashai Israel (3), Kingdom of Faye (3), Brazil FS (3), United Dependencies (3), Communo-Slavocia (3), Kolechia and Angria (3), New Calatayud (3), Kolecharna (2), Simonia (2), Rhodo-Fordia (2), President Pro Tempore (2), The Grand Economic Consortium (2), Eothasia (2), LoisGriffinotan (2), Maiseau (2), The Spanish Coast (2), Darapima (2), CrossVegas (2), The Utes (2), Xeknos (2), Transsobor (2), Garlean (2), Paeliopolis (2), The Good Nation Of Americana Christening (2), Silver-Tree (2), Tiber and Rione (2), Diamond-Topia (2), Mini Orchs (2), Halja (2), Storalia (2), Providemist Seclusa (2), British Arzelentaxmacone (2), Char Aznable Neo Zeon (2), Scurvy Knaves (2), Siberia-Urals (2), Hustlertwo (2), The United Commonwealth of New England (2), Lacmhacarh (2), The Ancient World (2), and (1,075) individual member nations.

No Sophia IFV. I recused due to a conflict of interest and no submissions were received before close of play.