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[DRAFT] Sovereign Justice Accord

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Pope Saint Peter the Apostle
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[DRAFT] Sovereign Justice Accord

Postby Pope Saint Peter the Apostle » Thu Jul 16, 2020 2:30 am

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Sovereign Justice Accord
Category: Regulation | Area of Effect: Legal Reform



Whereas it is destabilising to the international system to permit suits against a member nation in the courts of another member nation, as this would
  1. allow for member nations to engage in abusive suits against other and
  2. imply that one nation is in a position of supremacy to the nation being sued:
And whereas sovereigns have incentives to avoid being held to justice in the status quo:

And whereas GAR 466 “World Assembly Justice Accord” creates a cohesive and robust means to try cases submitted to it and provides clear and effective measures to review decisions made therein:

Be it enacted by this august World Assembly as follows:
  1. In this resolution,
    1. use of the singular includes the plural and vice versa,
    2. affected legal persons means legal persons under the jurisdiction of the World Assembly and its members,
    3. JusComm refers to the World Assembly Justice Committee,
    4. member means member nation,
    5. resolution means General Assembly resolution, and
    6. IAO refers to the Independent Adjudicative Office.
  2. JusComm shall appoint judges to trial and appellate courts, which will hear cases in panels of one and three judges respectively.
  3. No foreign affected legal person may initiate civil judicial proceedings against a member nation or its subdivisions, without the consent of that member nation or subdivision, except in JusComm’s trial courts and under procedures that may be established by resolution.
  4. JusComm must make regulations to govern the processes by which people can initiate judicial proceedings in a way that ensures that grievances can be processed and adjudicated fairly for all parties with respect to civil and criminal actions.
    1. If it can be shown to the IAO that those regulations are insufficient in fulfilling the mandates of this section, the IAO may alter or abolish them.
    2. Parties in cases before JusComm courts may retain counsel for their own representation.
  5. Affected legal persons—
    1. may appeal against judgements of JusComm’s trial courts to its appellate courts and
    2. must cooperate fully with any orders and judgements issued by JusComm’s courts within a reasonable time frame, as set by the courts.
  6. JusComm’s courts may require a member nation to pay compensatory and non-compensatory damages as part of a judgement against that nation.
  7. No judge serving in a JusComm court may hear cases involving a member nation that they are or have been a citizen of, or where they have or have had permanent residence. JusComm may, upon acceptance of a case, dispatch court officials to a locale more convenient for proceedings. Members must permit the entrance and exit of such court officials.
  8. All members must submit evidence requested by a JusComm court which it believes is sufficiently important. The courts of JusComm should, in deciding whether to request evidence from a member, weigh the interests of the member against the necessity of requesting the evidence.
    1. Members are to be permitted to file emergency motions against the release of classified documents with an appellate court of JusComm, who will have final judgement on the matter. The appellate courts may dismiss any motions that are prima facie frivolous or meant to disrupt proceedings.
    2. If a member is required to release classified documents, JusComm’s courts will take appropriate measures to prevent the disclosure of said documents to the general public.
Co-authored by Imperium Anglorum.

OOC: This was authored by Imperium Anglorum and me as an alternative to the proposal I brought on sovereign immunity, still preventing abusive suits, but securing people's ability to sue foreign governments.
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Pope Saint Peter the Apostle
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Postby Pope Saint Peter the Apostle » Thu Jul 16, 2020 2:30 am

Reserved.
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Radicalania
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Postby Radicalania » Thu Jul 16, 2020 6:12 am

Are resolutions allowed to reference specific resolutions in their text? What happens if we repeal that resolution?
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Honeydewistania
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Postby Honeydewistania » Thu Jul 16, 2020 6:14 am

Radicalania wrote:Are resolutions allowed to reference specific resolutions in their text? What happens if we repeal that resolution?

You’re allowed to mention them.
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Wallenburg
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Postby Wallenburg » Thu Jul 16, 2020 12:34 pm

Exactly what does this World Assembly Justice Committee achieve that the World Assembly Judiciary Committee does not already? This looks like duplication.
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Flying Eagles
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Postby Flying Eagles » Thu Jul 16, 2020 2:24 pm

Wallenburg wrote:Exactly what does this World Assembly Justice Committee achieve that the World Assembly Judiciary Committee does not already? This looks like duplication.

According to its preamble, this resolution makes it so that if our nation sues your nation, we must use international courts, and not our own courts. That was apparently a choice under previous resolutions. However, this resolution should probably reuse the “World Assembly Judiciary Committee” from GAR#466, as it already provides for what Clause 2 attempts to establish. We advise the following changes to avoid duplication:

Change 1c to read “JusComm refers to the World Assembly Judiciary Committee”.

Remove Clause 2, as we don’t need two committees to appoint judges, one is enough.


OOC: I think this resolution deals with civil law, while 466 deals with criminal law. As you can tell by my comments above, I was quite confused for a bit. To clarify the difference, I’d retitle this resolution to “Civil Justice Accord” and retitle the committee to “World Assembly Civil Tribunal” or something similar.
Last edited by Flying Eagles on Thu Jul 16, 2020 2:34 pm, edited 2 times in total.
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Wallenburg
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Postby Wallenburg » Thu Jul 16, 2020 2:47 pm

Flying Eagles wrote:OOC: I think this resolution deals with civil law, while 466 deals with criminal law. As you can tell by my comments above, I was quite confused for a bit. To clarify the difference, I’d retitle this resolution to “Civil Justice Accord” and retitle the committee to “World Assembly Civil Tribunal” or something similar.

That might be the case, but WAJA also covers civil law.
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Pope Saint Peter the Apostle
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Postby Pope Saint Peter the Apostle » Fri Jul 17, 2020 3:29 am

Wallenburg wrote:Exactly what does this World Assembly Justice Committee achieve that the World Assembly Judiciary Committee does not already? This looks like duplication.

OOC: First of all, the proposal should use the Judiciary Committee not the Justice Committee, that was an error. Now, there are two main differences between this and the WAJA. On the one hand, this proposal grants member states state immunity in the courts of other states, but only on the condition that a suit in a WA court is possible. At the same time, this proposal extends itself to violations of any law by a member state, not just WA law (which I'll make more explicit in the proposal).

Now there are duplications, but that is intentional, because that way, even if WAJA is repealed, we ensure that states can still be held accountable while they have state immunity in the courts of member states.
Last edited by Pope Saint Peter the Apostle on Fri Jul 17, 2020 10:01 am, edited 1 time in total.
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Araraukar
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Postby Araraukar » Sun Jul 19, 2020 7:45 am

Pope Saint Peter the Apostle wrote:On the one hand, this proposal grants member states state immunity in the courts of other states, but only on the condition that a suit in a WA court is possible.
*snip*
we ensure that states can still be held accountable while they have state immunity in the courts of member states.

OOC: ...so what exactly does this do that the existing resolution(s) doesn't do? Also, obviously nations don't have immunity in any courts, if the condition applies.
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Imperium Anglorum
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Postby Imperium Anglorum » Mon Jul 20, 2020 12:52 am

Araraukar wrote:OOC: ...so what exactly does this do that the existing resolution(s) doesn't do? Also, obviously nations don't have immunity in any courts, if the condition applies.

Venue matters.

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Araraukar
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Postby Araraukar » Mon Jul 20, 2020 6:00 pm

Imperium Anglorum wrote:
Araraukar wrote:OOC: ...so what exactly does this do that the existing resolution(s) doesn't do? Also, obviously nations don't have immunity in any courts, if the condition applies.

Venue matters.

OOC: Yes, but the way I understood it, nations can be tried in national courts, if they COULD be tried in a WA court. Not that they'll be tried in the WA court. So, if they can be tried in national courts, they don't have an immunity of being tried in national courts. Did I miss something?
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Imperium Anglorum
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Postby Imperium Anglorum » Tue Jul 21, 2020 1:39 am

Araraukar wrote:
Imperium Anglorum wrote:Venue matters.

OOC: Yes, but the way I understood it, nations can be tried in national courts, if they COULD be tried in a WA court. Not that they'll be tried in the WA court. So, if they can be tried in national courts, they don't have an immunity of being tried in national courts. Did I miss something?

Section 3.

No foreign affected legal person may initiate civil judicial proceedings against a member nation or its subdivisions, without the consent of that member nation or subdivision, except in JusComm’s trial courts and under procedures that may be established by resolution.

Author: 1 SC and 34 GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
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Delegate for Europe
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Kenmoria
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Postby Kenmoria » Tue Jul 21, 2020 4:43 am

“You use ‘member nation’ in clause 3, 6 and 7, despite defining ‘member’ as the complete phrase in clause 1d. Overall, this proposal has my support.”
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Imperium Anglorum
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Postby Imperium Anglorum » Tue Jul 21, 2020 4:45 am

OP, consider changing:
If a member is required produce to release classified documents

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