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[DRAFT] Act in Restraint of Appeals

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Imperium Anglorum
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Founded: Aug 26, 2013
Left-Leaning College State

[DRAFT] Act in Restraint of Appeals

Postby Imperium Anglorum » Sun Apr 28, 2024 10:38 pm

The World Assembly,

Happy to see international cooperation on judicial matters such as the exercise of appellate jurisdiction, but

Concerned as to the consistency of appellate rescripts with World Assembly law and the possibility that such rescripts may cause the derogation of rights normally afforded to citizens of member nations,

Now, therefore, enacts as follows:

  1. No appeal in any judicial matter may be made from a member nation to a court, body, person, or decider not under the jurisdiction of the World Assembly.

  2. Each member nation shall make provision to provide appropriate substitution of tribunal for any on-going appeal made inconsistent with this Act. Any concluded appellate case made inconsistent with this Act must be re-examined and reheard if there is a substantial likelihood that the conclusion is not consistent with World Assembly law.

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The Ice States
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Compulsory Consumerist State

Postby The Ice States » Sun Apr 28, 2024 11:41 pm

This would seem to make it harder to challenge unjust decisions made, possibly in contravention of WA law, by a non-member nation. Would this not be counterproductive?
Last edited by The Ice States on Sun Apr 28, 2024 11:42 pm, edited 1 time in total.
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Simone Republic
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Postby Simone Republic » Mon Apr 29, 2024 8:27 am

My concern is the other way around. Appellate courts can be criminal but in some jurisdictions can be purely on civil matters in nature, such as substantial commercial disputes. If a company from a WA company sues someone in a non-WA state, and loses in the Court of First Instance (for whatever reason), how would appeals take place?
Last edited by Simone Republic on Mon Apr 29, 2024 8:27 am, edited 1 time in total.
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Imperium Anglorum
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Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Mon Apr 29, 2024 6:07 pm

The Ice States wrote:This would seem to make it harder to challenge unjust decisions made, possibly in contravention of WA law, by a non-member nation. Would this not be counterproductive?

I'm not sure how you think that could happen.

Simone Republic wrote:My concern is the other way around. Appellate courts can be criminal but in some jurisdictions can be purely on civil matters in nature, such as substantial commercial disputes. If a company from a WA company sues someone in a non-WA state, and loses in the Court of First Instance (for whatever reason), how would appeals take place?

I'm also unclear as to how that would be prohibited.

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The Ice States
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Founded: Jun 23, 2022
Compulsory Consumerist State

Postby The Ice States » Mon Apr 29, 2024 6:35 pm

Imperium Anglorum wrote:
The Ice States wrote:This would seem to make it harder to challenge unjust decisions made, possibly in contravention of WA law, by a non-member nation. Would this not be counterproductive?

I'm not sure how you think that could happen.

Would it not be an "appeal...from a member nation to a court...not under the jurisdiction of the World Assembly" for someone in a member nation to appeal a decision in a non-member nation?
Last edited by The Ice States on Mon Apr 29, 2024 6:50 pm, edited 1 time in total.
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Imperium Anglorum
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Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Thu May 02, 2024 3:28 pm

The Ice States wrote:
Imperium Anglorum wrote:I'm not sure how you think that could happen.

Would it not be an "appeal...from a member nation to a court...not under the jurisdiction of the World Assembly" for someone in a member nation to appeal a decision in a non-member nation?

No? It would not be an appeal from a member nation to a extra-jurisdictional court.
Last edited by Imperium Anglorum on Thu May 02, 2024 3:29 pm, edited 1 time in total.

Author: 1 SC and 56+ GA resolutions
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Developer: Communiqué and InfoEurope
GenSec (24 Dec 2021 –); posts not official unless so indicated
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The Ice States
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Founded: Jun 23, 2022
Compulsory Consumerist State

Postby The Ice States » Thu May 02, 2024 3:32 pm

Imperium Anglorum wrote:
The Ice States wrote:Would it not be an "appeal...from a member nation to a court...not under the jurisdiction of the World Assembly" for someone in a member nation to appeal a decision in a non-member nation?

No? It would not be an appeal from a member nation to a extra-jurisdictional court.

It might be worth being clearer what you mean by "from a member nation"; I read it as essentially "by an entity in a member nation".
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Imperium Anglorum
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Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Thu May 02, 2024 3:55 pm

This isn't an unclear statement. The standard preposition used in reference to such an appeal would be "From the Court of Appeal of the Republic of Trinidad and Tobago", [2024] UKPC 7, or "On appeal from Laws J’s decision, the Court of Appeal held...", [2023] UKPC 21, [180].

Author: 1 SC and 56+ GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
GenSec (24 Dec 2021 –); posts not official unless so indicated
Delegate for Europe
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Ideological Bulwark 285, WALL delegate
Twice-commended toxic villainous globalist kittehs


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