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[Last Call] Maritime Vessel Registration Act

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Port Ember
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[Last Call] Maritime Vessel Registration Act

Postby Port Ember » Wed Nov 25, 2020 4:01 am

Greetings esteemed Ambassadors of the World Assembly!

The Legal Team hailing from the Republic of Port Ember hereby submits our draft for a new proposed Resolution.

The esteemed Ambassadors are hereby invited to comment upon the proposed legislation, in an attempt to ensure its legality.

Notification Table


Notification 01: 25 November 2020: The First Draft of the proposal, titled "Naval Vessel Registration Act" was submitted to the World Assembly Debating Chambers, to open the legislation to comment.

Notification 02: 26 November 2020: The Second Draft of the proposal, titled "Maritime Vessel Registration Act" was submitted to the World Assembly Debating Chambers, to open the legislation to further comment.

Please pay heed to the changes which was enacted:

- The title of the Act changed to "Maritime Vessel Registration Act" (from "Naval Vessel Registration Act").

- Updated Definition "a" from "Vessel" to "Merchant Vessel".

- Added Definition "f" - "Naval Vessel".

- Added Article 1; Paragraph 3; Sub Paragraph e.

Notification 03: 02 December 2020:

Edited Article 2, Paragraph 1 to read:

"1. Mandates that no Merchant Vessel may travel within international waters, which is not registered on any compliant nation's Ship Registration Register, if:..." (The added word is indicated in bold.

Notification 04: 02 December 2020: The Third Draft of the proposal, titled "Maritime Vessel Registration Act" was submitted to the World Assembly Debating Chambers, to open the legislation to further comment.

Please note that several gramatical and structural changes was enacted, however no legal changes were made.

Notification 05: 05 December 2020: The Fourth Draft of the proposal, titled "Maritime Vessel Registration Act" was submitted to the World Assembly Debating Chambers, to open the legislation to further comment.

Notification 06: 11 December 2020: The Fifth Draft of the proposal, titled "Maritime Vessel Registration Act" was submitted to the World Assembly Debating Chambers, to open the legislation to further comment.

Notification 07: 22 December 2020: The Draft entered the Last Call Stage - preparing for submission.


Drafts Table


Draft 1

Naval Vessel Registration Act


A resolution to enact uniform standards that protect workers, consumers, and the general public.

Category: Resolution

Area of Effect: Transportation

Proposed by: Port Ember

The World Assembly,

Acknowledges the fact that the International Oceans are widely utilized by sea faring vessels for a variety of purposes, and plays a vital role in the international economy, and;

Accepts the fact that various existing domestic and international laws regulates various aspects relating to, but not limited to, health & safety aspects, security aspects; communication protocols, markings & signals, loading limits, inspection protocols, and labour law aspects, amongst others, which is applicable to vessels which falls under the jurisdiction of member nations;

Concerned however, that no current international law exists which compels a vessel to be registered under the jurisdiction of any nation, making it legally possible for individual vessels to refuse to be classified under the jurisdiction of any member nation, allowing them to bypass existing international laws and regulations, and;

Believes that establishing international uniform standards will serve to protect public interest, mariner safety and safeguard commerce;

Hereby,

Defines for the purposes of this legislation:

a. "Ship Registration Register" as a database controlled by a Member Nation's Government, listing all vessels which is licensed and registered as being under its jurisdiction;

b. A "Vessel" as a craft designed to travel on or below the water surface;

c. "International Waters" as ocean territory which is not under any one nation's legal jurisdiction;

d. A "Registering Nation" as the specific nation which is referred to when a vessel registers and licenses itself to its respective Ship Registration Register;

e. A "Landlocked Nation" as any nation which does not have a direct navigable route to International Waters;

Requires World Assembly member states to enact and enforce the following articles,

Article 1.

1. Compels all Member Nations to establish and maintain a Ship Registration Register, which must document and license any vessel wishing to travel within international waters.

2. Mandates that the vessel appearing on a nation's Ship Registration Register is to be considered as part of that nation's nationality and jurisdiction, and is subsequently authorised and mandated to ensure that said vessel and its crew adheres to all relevant domestic and international legislation.

3. Specifying that;

a. A vessel may be registered on any Member Nation's Ship Registration Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation;

b. Any one vessel may only be registered on one nation's Ship Registration Register at a time;

c. Despite the contents of Article 1, Section 3, Subsection b, a vessel may change its registration from one nation's Ship Registration Register to another, with the consent of the new Registering Nation.

d. All Member Nations are affected by Article 1 in its entirety, including Landlocked Nations.

Article 2.

1. Mandates that no vessel may travel within international waters, which is not registered on any compliant nation's Ship Registration Register, if:

a. The vessel in question is owned by a citizen or organisation of a Member Nation, or;

b. The vessel in question is captained/under control of a citizen of a Member Nation.


Draft 2

Maritime Vessel Registration Act


A resolution to enact uniform standards that protect workers, consumers, and the general public.

Category: Resolution

Area of Effect: Transportation

Proposed by: Port Ember

The World Assembly,

Acknowledges the fact that the International Oceans are widely utilized by sea faring vessels for a variety of purposes, and plays a vital role in the international economy, and;

Accepts the fact that various existing domestic and international laws regulates various aspects relating to, but not limited to, health & safety aspects, security aspects; communication protocols, markings & signals, loading limits, inspection protocols, and labour law aspects, amongst others, which is applicable to vessels which falls under the jurisdiction of member nations;

Concerned however, that no current international law exists which compels a vessel to be registered under the jurisdiction of any nation, making it legally possible for individual vessels to refuse to be classified under the jurisdiction of any member nation, allowing them to bypass existing international laws and regulations, and;

Believes that establishing international uniform standards will serve to protect public interest, mariner safety and safeguard commerce;

Hereby,

Defines for the purposes of this legislation:

a. "Ship Registration Register" as a database controlled by a Member Nation's Government, listing all vessels which is licensed and registered as being under its jurisdiction;

b. A "Merchant Vessel" as a craft designed to travel on or below the water surface, whom employs a paid crew, and may be referred to simply as "Vessel";

c. "International Waters" as ocean territory which is not under any one nation's legal jurisdiction;

d. A "Registering Nation" as the specific nation which is referred to when a vessel registers and licenses itself to its respective Ship Registration Register;

e. A "Landlocked Nation" as any nation which does not have a direct navigable route to International Waters;

f. A "Naval Vessel" as any vessel which is under the direct ownership and control of a nation's official Armed Forces Navy;

Requires World Assembly member states to enact and enforce the following articles,

Article 1.

1. Compels all Member Nations to establish and maintain a Ship Registration Register, which must document and license any Merchant Vessel wishing to travel within international waters.

2. Mandates that the vessel appearing on a nation's Ship Registration Register is to be considered as part of that nation's nationality and jurisdiction, and is subsequently authorised and mandated to ensure that said vessel and its crew adheres to all relevant domestic and international legislation.

3. Specifying that;

a. A vessel may be registered on any Member Nation's Ship Registration Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation;

b. Any one vessel may only be registered on one nation's Ship Registration Register at a time;

c. Despite the contents of Article 1, Section 3, Subsection b, a vessel may change its registration from one nation's Ship Registration Register to another, with the consent of the new Registering Nation.

d. All Member Nations are affected by Article 1 in its entirety, including Landlocked Nations.

e. Any official Naval Vessel is exempted from being required to be registered on any nation's Ship Registration Register.

Article 2.

1. Mandates that no Merchant Vessel may travel within international waters, which is not registered on any compliant nation's Ship Registration Register, if:

a. The vessel in question is owned by a citizen or organisation of a Member Nation, or;

b. The vessel in question is captained/under control of a citizen of a Member Nation.


Maritime Vessel Registration Act


A resolution to enact uniform standards that protect workers, consumers, and the general public.

Category: Regulation

Area of Effect: Transportation

Proposed by: Port Ember

The World Assembly

Acknowledging the fact that the international waters are widely utilized by sea faring vessels, hailing from a myriad of nations, for a variety of purposes, and play a vital role in the international economy,

Accepting the fact that various existing domestic and international laws regulate various aspects relating to, but not limited to, health & safety aspects, security aspects; communication protocols, markings & signals, loading limits, inspection protocols, and labour law aspects, amongst others, which are applicable to vessels which fall under the jurisdiction of member nations;

Concerned however, that no current international law exists which compels a vessel to be registered under the jurisdiction of any nation, making it legally possible for individual vessels to refuse to be classified under the jurisdiction of any member nation, allowing them to bypass existing international laws and regulations, and;

Believing that establishing international uniform standards will serve to protect public interest, mariner safety and safeguard commerce;

Hereby,

1. Defines for the purposes of this legislation:

a. "Ship Register" as a database controlled by a member nation's government, listing all vessels which is licensed and registered as being under its jurisdiction;

b. A "merchant vessel" as a craft designed to travel on or below the water surface, which employs a paid crew, and may be referred to simply as "vessel";

c. "international waters" as ocean territory which is not under any one nation's legal jurisdiction;

d. A "registering nation" as the specific nation which is referred to when a vessel registers and licenses itself to its respective Ship Register;

e. A "naval vessel" as any vessel which is under the direct ownership and control of a nation's official armed services;

2. Compels all member nations to establish and maintain a Ship Register, which must document and license any merchant vessel wishing to travel within international waters.

2. Mandates that the vessel appearing on a nation's Ship Register is to be considered as part of that nation's nationality and jurisdiction, and is subsequently authorised and mandated to ensure that said vessel and its crew adheres to all relevant domestic and international legislation.

3. Specifies that;

a. A vessel may be registered on any member nation's Ship Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation;

b. Any one vessel may only be registered on one nation's Ship Register at a time;

c. A vessel may change its registration from one nation's Ship Register to another, with the consent of the new registering nation.

d. Any official naval vessel is exempted from being required to be registered on any nation's Ship Register.

4. Mandates that no merchant vessel which is not registered on any compliant nation's Ship Register may travel within international waters if:

a. The vessel in question is owned by a citizen or organisation of a member nation, or;

b. The vessel in question is captained/under control of a citizen of a member nation.

Draft 4

Maritime Vessel Registration Act


A resolution to enact uniform standards that protect workers, consumers, and the general public.

Category: Regulation

Area of Effect: Transportation

Proposed by: Port Ember

The World Assembly

Acknowledging that international waters are widely traveled for many purposes, and fulfills a vital economic service;

Accepting that extant laws regulate health & safety, security, communication, markings & signals, inspections, and labor concerns, which apply to member state vessels;

Concerned however, that no extant laws in existence compels a vessel to be registered under the jurisdiction of any nation, allowing these to bypass extant laws relating to matters mentioned above;

Believing that establishing international uniform standards will serve to protect public interest, mariner safety and safeguard commerce;

Hereby,

1. Defines for the purposes of this legislation:

a. A "vessel" as a non military craft designed to travel on or below the water surface, which employs a paid crew;

2. Member states must establish and maintain a Ship Register, which must serve to document and license any merchant vessel who wishes to travel within international waters.

3. Vessels appearing on a nation's registry are under that nation's jurisdiction. Member states must ensure registered crews and vessels adhere to all relevant regulations.

4. Specifies that;

a. A vessel may be registered on any member nation's Ship Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation;

b. Any one vessel may only be registered on one nation's Ship Register at a time;

c. A vessel may change its registration from one nation's Ship Register to another, with the consent of the new registering nation.

5. Unregistered vessels may not travel in international waters if:

a. The vessel in question is owned by a entity of a member nation, or;

b. The vessel in question is captained or under control of a citizen of a member nation.

6. Non compliance to this Act is to be treated as a criminal offence by member nations.

a. Vessels in contravention of this Act are to be impounded, alongside its cargo.

b. The impounded vessel and its cargo is only to be released upon the payment of a fine by the owning entity.

c. If a vessel is impounded by a nation foreign to the involved crewmembers, the government in question is to adhere to existing extradition legislation.

d. Vessels belonging to the official Armed Services of a member nation are exempted from this Act.


Draft 5

Maritime Vessel Registration Act


A resolution to enact uniform standards that protect workers, consumers, and the general public.

Category: Regulation

Area of Effect: Transportation

Proposed by: Port Ember

The World Assembly

Acknowledging that international waters are widely traveled for many purposes, and fulfill a vital economic service;

Accepting that extant laws regulate health & safety, security, communication, markings & signals, inspections, and labor concerns, which apply to member state vessels;

Concerned however, that no extant laws in existence compels a vessel to be registered under the jurisdiction of any nation, allowing these to bypass extant laws relating to matters mentioned above;

Believing that establishing international uniform standards will serve to protect public interest, mariner safety and safeguard commerce;

Hereby,

  1. Defines a "vessel" as a non military craft designed to travel on or below the water surface, which employs a paid crew, for the purposes of this legislation.
  2. Member states must establish and maintain a Ship Register, which must serve to document and license any merchant vessel who wishes to travel within international waters.

    1. Member Nations have the right to establish its own list of requirements for vessels to adhere to, prior to the registration of the applying vessel.
  3. Vessels appearing on a nation's registry are under that nation's jurisdiction. Member states must ensure registered crews and vessels adhere to all relevant regulations.
  4. Specifies that;

    1. A vessel may be registered on any member nation's Ship Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation, and upon the completion of the registration process by both parties;
    2. Any one vessel may only be registered on one nation's Ship Register at a time;
    3. A vessel may change its registration from one nation's Ship Register to another, with the consent of the new registering nation.
  5. Unregistered vessels may not travel in international waters if:

    1. The vessel in question is owned by a entity based within a member nation, or;
    2. The vessel in question is captained or under control of a citizen of a member nation.
  6. Non compliance to this Act is to be treated as a criminal offence by member nations.

    1. Vessels in contravention of this Act are to be impounded, alongside its cargo.
    2. The impounded vessel and its cargo is only to be released upon the payment of a fine by the owning entity.
    3. If a vessel is impounded by a nation foreign to the involved crewmembers, the government in question is to adhere to existing extradition legislation.
    4. Vessels belonging to the official Armed Services of a member nation are exempted from this Act.
Last edited by Port Ember on Tue Dec 22, 2020 10:29 pm, edited 14 times in total.
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Grays Harbor
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Postby Grays Harbor » Wed Nov 25, 2020 3:32 pm

“Naval” = military. The word you may be looking for is “Maritime”, “Civil”, or “Merchant”.
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Wallenburg
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Postby Wallenburg » Wed Nov 25, 2020 4:01 pm

"There is no value in a national registry of such insignificant vessels as canoes, rowboats, rafts, and other such small craft. Show me the international value of registering such vessels. Show me how it protects public interests, mariner safety, and international commerce."
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Port Ember
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Postby Port Ember » Thu Nov 26, 2020 1:51 am

Grays Harbor wrote:“Naval” = military. The word you may be looking for is “Maritime”, “Civil”, or “Merchant”.


"Ambassador, you are right off course. I would like to apologise for that oversight, and thank you kindly for your input. Please be advised that the second draft has been submitted for your perusal - where the title has been edited, as per your recommendation. Fuethermore, the Act has been ammended to clearly differentiate between Maritime and Naval vessels, and exclude naval vessels from this Act.

Wallenburg wrote:"There is no value in a national registry of such insignificant vessels as canoes, rowboats, rafts, and other such small craft. Show me the international value of registering such vessels. Show me how it protects public interests, mariner safety, and international commerce."


"Ambassador, you have raised a very interesting point, which have forced a number of changes. During the drafting of the original proposal, the legislators did not consider the need to specify the exact nature of the vessels which needs to be effected by this Act - due to the fact that we assumed that any vessel being licensed to travel upon international waters, will be large enough, or purposed for trade, to automatically fall into the specified category. We were wrong obviously.

Our Second Draft included the definition of "Merchant Vessel" (See definition "a"). You might notice that the definition might sound strange, as it differs slighlty from the traditional definition. The reason whe did this, was to ensure that any private vessel which enploys a paid crew, be included on the Register - thus allowing any vessel which includes the working class, to fall under the protections of this Act. As an example, your input made me consider to only include merchant vessels under this Act - but the fact is, for example, some vessels (lets use the example of a luxury yacht), would not be considered as part of a merchant vessel, but would still employ mariners - thus would need to be included somehow. This measure allows all mariners to be included and protected within this Act, whilst exluding insignificant vessels as you have mentioned.

Ambassador, thank you kindly for your input. Most importantly Ambassador, does this new changes satisfy your concerns?"
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Postby Retedos » Thu Nov 26, 2020 8:22 am

I DIDN'T KNOW THERE WAS A LAW FOR THIS

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Port Ember
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Postby Port Ember » Thu Nov 26, 2020 11:40 am

Retedos wrote:I DIDN'T KNOW THERE WAS A LAW FOR THIS


Ambassador Lilly Publican raised an eye brow slightly, just as her brow formed a frown. "Now Ambassador no need to yell... I fear you might be in the wrong chamber it seems? Anyway, this is not a law, but it is a draft - a work in progress. Once it has reached a sufficient quality here, it will be submitted to the voting chambers, where, if it achieves majority support, it will be voted into legaslation."
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Wallenburg
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Postby Wallenburg » Thu Nov 26, 2020 1:34 pm

Actually, that does handle the issue quite well. Any vessel with a paid crew almost certainly presents a subject of interest for international commerce or travel.

One other issue which I've noticed though: how does this handle the ships of nonmember states, these states not being obligated to follow WA law but their ships being obligated to obey the laws of member states when within their waters?
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Port Ember
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Postby Port Ember » Fri Nov 27, 2020 1:13 am

Wallenburg wrote:Actually, that does handle the issue quite well. Any vessel with a paid crew almost certainly presents a subject of interest for international commerce or travel.

One other issue which I've noticed though: how does this handle the ships of nonmember states, these states not being obligated to follow WA law but their ships being obligated to obey the laws of member states when within their waters?


Thank you again for raising that issue, and I am pleased that it could be resolved.

The second issue you have raised is certainly a problematic area to be honest. The fact is, the WA is attempting to improve the world at large for all, but it cannot dictate anything to non members. So while not ideal, this issue is partially addressed in Article 2, by specifying that this act applies only to vessels which belongs to Member Nations, or is Captained by citizens of Member Nations. This effectively exludes non member nations from this act in its entirety. Whilst this is not ideal, it does absolve the Member Nations from trying to enfore WA laws on non WA nations. I hope this answers your question? I would also be extremely open to advice on how to solve this problem in another manner.
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Postby Imperium Anglorum » Mon Nov 30, 2020 4:43 am

I see no issue with member nations requiring that ships entering their waters follow their regulations. Sure, enforcement would be difficult if those ships are just transiting and not destined to a member nation entrepôt, but the jurisdictional question is, I think, a non-problem.

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Postby Port Ember » Mon Nov 30, 2020 5:15 am

Imperium Anglorum wrote:I see no issue with member nations requiring that ships entering their waters follow their regulations. Sure, enforcement would be difficult if those ships are just transiting and not destined to a member nation entrepôt, but the jurisdictional question is, I think, a non-problem.


That makes sense, And I appreciate your input!

So, in your opinion, does Article 2 cover this aspect correctly then?
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Postby Port Ember » Tue Dec 01, 2020 11:37 am

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Postby Greater Cesnica » Wed Dec 02, 2020 4:31 am

OOC:

1. Mandates that no vessel may travel within international waters, which is not registered on any compliant nation's Ship Registration Register, if:

a. The vessel in question is owned by a citizen or organisation of a Member Nation, or;

b. The vessel in question is captained/under control of a citizen of a Member Nation.


You should clarify this to specifically state or recall merchant vessels. Otherwise, all good to me from my initial reading.
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Port Ember
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Postby Port Ember » Wed Dec 02, 2020 5:43 am

Greater Cesnica wrote:OOC:

1. Mandates that no vessel may travel within international waters, which is not registered on any compliant nation's Ship Registration Register, if:

a. The vessel in question is owned by a citizen or organisation of a Member Nation, or;

b. The vessel in question is captained/under control of a citizen of a Member Nation.


You should clarify this to specifically state or recall merchant vessels. Otherwise, all good to me from my initial reading.


I have no problem in ammending the mentioned paragraph Ambassador - and in fact, it will be done.

However, just as a clarification - the Definitions Section, specifically Definition b, does address this concern, as it reads:

"A "Merchant Vessel" as a craft designed to travel on or below the water surface, whom employs a paid crew, and may be referred to simply as "Vessel";

However, it will be ammended as suggested, as it won't hurt either way, and hopefully add some additional clarity to the legilslation. Thank you Ambassador.
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Postby Merni » Wed Dec 02, 2020 8:13 am

OOC: On the whole this seems to be a well-written proposal. I have noted some small proposed changes in red.

More generally, there seems to be an awful lot of unnecessary and unusual capitalisation here, like "Registering Nation", "Landlocked Nation", "International Waters", etc. But that's your choice.

Port Ember wrote:Category: Resolution Regulation?

Area of Effect: Transportation

Proposed by: Port Ember

The World Assembly,
Preamble clauses usually use "-ing" forms of verbs, such as "acknowledging", "accepting", "believing", etc. "Concerned" is fine.
Acknowledges the fact that the International OceansWaters are widely utilized by sea faring vessels for a variety of purposes, and plays a vital role in the international economy, and;

Accepts the fact that various existing domestic and international laws regulates various aspects relating to, but not limited to, health & safety aspects, security aspects; communication protocols, markings & signals, loading limits, inspection protocols, and labour law aspects, amongst others, which isare applicable to vessels which falls under the jurisdiction of member nations;

Concerned however, that no current international law exists which compels a vessel to be registered under the jurisdiction of any nation, making it legally possible for individual vessels to refuse to be classified under the jurisdiction of any member nation, allowing them to bypass existing international laws and regulations, and;

Believes that establishing international uniform standards will serve to protect public interest, mariner safety and safeguard commerce;

Hereby,

Defines for the purposes of this legislation:

a. "Ship Registration Register" as a database controlled by a Member Nation's Government, listing all vessels which is licensed and registered as being under its jurisdiction; A register obviously deals with registration; you can simplify this.

b. A "Merchant Vessel" as a craft designed to travel on or below the water surface, whomwhich employs a paid crew, and may be referred to simply as "Vessel";

c. "International Waters" as ocean territory which is not under any one nation's legal jurisdiction;

d. A "Registering Nation" as the specific nation which is referred to when a vessel registers and licenses itself to its respective Ship Registration Register;

e. A "Landlocked Nation" as any nation which does not have a direct navigable route to International Waters;

f. A "Naval Vessel" as any vessel which is under the direct ownership and control of a nation's official Armed Forces Navy; Non-navy (such as coast guard) armed forces vessels can also be protected here; whether you want to is your choice.

Requires World Assembly member states to enact and enforce the following articles, The existing "Hereby" already suffices. I'd also advise you to scrap the "Article 1" and "Article 2", it just adds needless complexity. You can just number the definitions as 1, then continue with 2-5.

Article 1.

1. Compels all Member Nations to establish and maintain a Ship Registration Register, which must document and license any Merchant Vessel wishing to travel within international waters.

2. Mandates that the vessel appearing on a nation's Ship Registration Register is to be considered as part of that nation's nationality and jurisdiction, and is subsequently authorised and mandated to ensure that said vessel and its crew adheres to all relevant domestic and international legislation.

3. SpecifyingSpecifies that;

a. A vessel may be registered on any Member Nation's Ship Registration Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation; Why should all member nations necessarily allow this? What's wrong if a nation decides to only register vessels with some connection to that nation? This should be possible, but with the consent of the registering nation.

b. Any one vessel may only be registered on one nation's Ship Registration Register at a time;

c. Despite the contents of Article 1, Section 3, Subsection b, a vessel may change its registration from one nation's Ship Registration Register to another, with the consent of the new Registering Nation.

d. All Member Nations are affected by Article 1 in its entirety, including Landlocked Nations. Why does this need to be specified?

e. Any official Naval Vessel is exempted from being required to be registered on any nation's Ship Registration Register.

Article 2.

1. Mandates that no Merchant Vessel which is not registered on any compliant nation's Ship Registration Register may travel within international waters if: Made a minor rearrangement

a. The vessel in question is owned by a citizen or organisation of a Member Nation, or;

b. The vessel in question is captained/under control of a citizen of a Member Nation.
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Kenmoria
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Postby Kenmoria » Wed Dec 02, 2020 8:36 am

“I wonder whether a definition of ‘landlocked’ is really necessary, given that it’s a fairly common term and is only used to clarify something rather than as a mandate.”
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Port Ember
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Postby Port Ember » Wed Dec 02, 2020 2:11 pm

Merni wrote:Snip


I can only say... WOW! Thank you a bazillion times over. Extremely helpful. You Sir, are a legend!

I updated and released the latest draft, with your comments factored in. Thank you!

However, one quick question..:

Merni wrote:a. A vessel may be registered on any Member Nation's Ship Registration Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation; Why should all member nations necessarily allow this? What's wrong if a nation decides to only register vessels with some connection to that nation? This should be possible, but with the consent of the registering nation.


I'm afraid I do not understand this comment? (English is not my native tounge, and I just cant decypher the exact meaning here, so apologies in advance). What I have attempted to state here is that for example: A ship which is owned by a Port Emberian, does not need to register within Port Ember, but is legally allowed to register with Merni - should Merni allow it, on a case by case basis. Is that what section conveys to you, or have I bungled it?

Kenmoria wrote:“I wonder whether a definition of ‘landlocked’ is really necessary, given that it’s a fairly common term and is only used to clarify something rather than as a mandate.”


After mulling it over, I tend to agree with you. I thank you for the input! It has been removed.
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Bananaistan
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Civil Rights Lovefest

Postby Bananaistan » Wed Dec 02, 2020 4:19 pm

Port Ember wrote:
Merni wrote:a. A vessel may be registered on any Member Nation's Ship Registration Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation; Why should all member nations necessarily allow this? What's wrong if a nation decides to only register vessels with some connection to that nation? This should be possible, but with the consent of the registering nation.


I'm afraid I do not understand this comment? (English is not my native tounge, and I just cant decypher the exact meaning here, so apologies in advance). What I have attempted to state here is that for example: A ship which is owned by a Port Emberian, does not need to register within Port Ember, but is legally allowed to register with Merni - should Merni allow it, on a case by case basis. Is that what section conveys to you, or have I bungled it?


OOC: Flags of convenience are an issue IRL. Perhaps you should be stopping this rather than enabling it?
Last edited by Bananaistan on Wed Dec 02, 2020 4:19 pm, edited 1 time in total.
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Separatist Peoples
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Civil Rights Lovefest

Postby Separatist Peoples » Wed Dec 02, 2020 6:11 pm

The World Assembly

Acknowledging the fact that the international waters are widely utilized by sea faring vessels, hailing from a myriad of nations, for a variety of purposes, and play a vital role in the international economy,

"Clunky. Try this:
"Acknowledging that international waters are widely traveled for many purposes, and fulfills a vital economic service"

"Same thing. Much less complicated. When you complicate your phrasing, you make it harder for nations to interpret the law's meaning and intent, and open the door to unintentional or malicious interpretations."

Accepting the fact that various existing domestic and international laws regulate various aspects relating to, but not limited to, health & safety aspects, security aspects; communication protocols, markings & signals, loading limits, inspection protocols, and labour law aspects, amongst others, which are applicable to vessels which fall under the jurisdiction of member nations;


"One more:

"Accepting that extant laws regulate health & safety, security; communication, markings & signals, inspections, and labor concerns, which apply to member state vessels;"

"Tighter. Sleeker. Same meaning. I'll skip the remaining prefatory clauses, as they are often window dressing."
Hereby,

1. Defines for the purposes of this legislation:

a. "Ship Register" as a database controlled by a member nation's government, listing all vessels which is licensed and registered as being under its jurisdiction;

"I believe you can probably use this term in a way later that obviates the need for a definition. More to come."

b. A "merchant vessel" as a craft designed to travel on or below the water surface, which employs a paid crew, and may be referred to simply as "vessel";

"Alternatively, use 'vessel' and define it as nonmilitary."

c. "international waters" as ocean territory which is not under any one nation's legal jurisdiction;

"This term is self evident, and needs no definition."
d. A "registering nation" as the specific nation which is referred to when a vessel registers and licenses itself to its respective Ship Register;

"This also strikes me as evident. If you are careful about your terms, stating 'registering nation' should be sufficient from context."

e. A "naval vessel" as any vessel which is under the direct ownership and control of a nation's official armed services;

"This is a reasonable definition, but somehow seems to overstate the point. Why not make the distinction later in the body of the resolution that none of the provisions applying to vessels applies to military craft?"

2. Compels all member nations to establish and maintain a Ship Register, which must document and license any merchant vessel wishing to travel within international waters.

"You can determine what the registry is in context without needing a definition. As such, I question it's utility. Also, consider using statutory style: "Member states must establish...". It involves the active voice and, while you duplicate the phrase "member states must..." several times, you save on characters and keep your phrasing unambiguous. A passive voice can confuse who has an affirmative obligation to act."

2. Mandates that the vessel appearing on a nation's Ship Register is to be considered as part of that nation's nationality and jurisdiction, and is subsequently authorised and mandated to ensure that said vessel and its crew adheres to all relevant domestic and international legislation.

"Here we have passive grammar that makes the clause more complicated than necessary: 'is to be considered'. Conversely, a statutory style would yield: Vessels appearing on a nation's registry are under that nation's jurisdiction and nationality. Member states must ensure registered crews and vessels adhere to relevant regulation."

"The great thing about statutory style is that you can use multiple sentences in a clause without creating confusion. Member states have the obligation, direct them accordingly.

"From a policy perspective, why does the ship bear nationality? Nationality carries with it implications inherent in citizenship and residency. For ships, jurisdictional assignments seem sufficient."
3. Specifies that;

a. A vessel may be registered on any member nation's Ship Register, whether the owner of the vessel is a citizen of said nation or not, with the authority of the registering nation;

b. Any one vessel may only be registered on one nation's Ship Register at a time;

c. A vessel may change its registration from one nation's Ship Register to another, with the consent of the new registering nation.

d. Any official naval vessel is exempted from being required to be registered on any nation's Ship Register.

"Another policy question. Is a military vessel, being owned by the government, not implicitly registered with the member state that owns it? The registration exemption seems unnecessary.

"Organizationally, this highlights an earlier point. You can write this referencing 'vessels' and making no distinction with military vessels, and just tag a line at the end that exempts military craft from this law."

4. Mandates that no merchant vessel which is not registered on any compliant nation's Ship Register may travel within international waters if:

"Double negatives are not your friend. 'No vessel may travel in international waters unless'.
a. The vessel in question is owned by a citizen or organisation of a member nation, or;

b. The vessel in question is captained/under control of a citizen of a member nation.

"You needn't use citizen or organization. For one, you exclude noncitizen residents from owning a registered craft without a pass-through commercial entity. 'Entity' would work. Person may, as well. Nix the forward slash. Use or. A slash in this context looks informal, which is inappropriate for international law.

"I am concerned about the enforcement mechanisms implicit in this. Member states may not allow vessels to travel in international waters without a registry. What if the C.D.S.P. detains a Port Ember craft that lacks proper registry? Can the C.D.S.P. fine the craft (captain or owning business)? May it detain the craft until fines are paid? May it confiscate cargo? May it scuttle the craft as a remedy? If so, this seems to invite abuse and promises to escalate into conflict. If not, can vessels not violate this law with impunity? Need nations respect fines or charges issued by one state that the vessel seeks to evade?

"You have a sound idea that needs some maturation in both technical and policy development. I highly encourage you to continue drafting, ambassador. This shows promise."

"Oh, also, some drunk fellow from a flyover nation cornered me at the Bar and insisted I ask you about your daughter after forcing me to listen to a shocking anti-duck rant...I don't want him to corner me again. So, ambassador, I hope your daughter is well."
Last edited by Separatist Peoples on Wed Dec 02, 2020 6:23 pm, edited 2 times in total.

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Port Ember
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Postby Port Ember » Sat Dec 05, 2020 3:36 pm

Please note that after a myriad of changes enacted, as per recommendation from Seperatist, the fourth draft has been submitted for perusal.
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Rightport
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Postby Rightport » Sat Dec 05, 2020 9:59 pm

Statement Release,

The Government of Rightport will support the proposed resulotion "Maritime Vessel Registration Act" .


- Minister of Foreign Affairs

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The Unified Missourtama States
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Democratic Socialists

Postby The Unified Missourtama States » Sat Dec 05, 2020 10:12 pm

I'm certainly not against this passing, but it seems like something that is probably best handled locally, even with some of the changes it still sounds like it would put a lot of unnecessary international weight on domestic-only ships.
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Port Ember
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Postby Port Ember » Sun Dec 06, 2020 12:56 am

Rightport wrote:Statement Release,

The Government of Rightport will support the proposed resulotion "Maritime Vessel Registration Act" .


- Minister of Foreign Affairs


"Thank you Ambassador, your support is noted, and appreciated."

The Unified Missourtama States wrote:I'm certainly not against this passing, but it seems like something that is probably best handled locally, even with some of the changes it still sounds like it would put a lot of unnecessary international weight on domestic-only ships.


"Thank you for your input Ambassador. I wish to address your concern:
- This Act specifically aims to target vessels which utilses international waters, and crosses sea borders. Thus vessels which would not leave domestic waters, will not be effected by this Act.

- This Act is not attempting to create additional bureaucratic layers, but merely easing the enforcement of extant laws. There is a loophole in existence, where a vessel is not compelled to register as "flying the flag" of any specific nation, thus being able to bypass all the good work that this Assembly had been labouring for. This Act will compel a vessel to register under the authority of a member nation, thus allowing a member state to enforce a wide variety of laws upon that vessel (extant labour laws, safety laws, environmental laws etc etc), ensuring that international trade and the public at large, is protected.

I hope this eases your concerns Ambassador."
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Port Ember
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Postby Port Ember » Mon Dec 07, 2020 8:59 am

Unless there is any more serious concerns, I think the time for submission has dawned near..
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Separatist Peoples
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Civil Rights Lovefest

Postby Separatist Peoples » Mon Dec 07, 2020 9:00 am

Ooc: will try to take another good pass on this tonight.

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Grays Harbor
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Postby Grays Harbor » Mon Dec 07, 2020 9:45 am

The Unified Missourtama States wrote:I'm certainly not against this passing, but it seems like something that is probably best handled locally, even with some of the changes it still sounds like it would put a lot of unnecessary international weight on domestic-only ships.

I would think if a vessel is “domestic only” that would simplify their options and burden, not increase them, as they would register in their own nation as a matter of course. It would also help with decreasing the “flag of convenience” issue, something our nation, being a maritime power, has always viewed as rather reprehensible.
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