Post by Ananke II on Jun 15, 2010 9:39:15 GMT -5
This is the discussion thread. Please go here to cast your vote.
Dispute Resolution
A resolution to restrict political freedoms in the interest of law and order.
A resolution to restrict political freedoms in the interest of law and order.
Category: Political Stability
Strength: Mild
Proposed by: Glen-Rhodes
Description: Noting that there currently exists no judicial organ of the World Assembly to impartially resolve conflicts between member states, which may lead to unnecessary conflict,
Recognizing that a fair and impartial organization would be useful in facilitating peace between member states,
The World Assembly
ENCOURAGES nations to avoid heated conflicts over legal obligations and instead resolve disputes peacefully through other means,
DEFINES for the purposes of this resolution:
a. “International dispute” as any disagreement on legal obligations between two or more states, including but not limited to international law compliance, treaty obligations, and trade agreements;
b. “International agreements” as the body of laws, treaties, and other agreements established by nations, independent of the World Assembly;
c. “Mediation” as the non-binding process whereby two or more states, through representatives, agree to allow an impartial mediator to aid in the formation of a settlement to an international dispute by facilitating dialogue between disputing states, until the states themselves reach a mutually satisfactory agreement;
d. “Arbitration” as the legally binding process whereby two or more states, through representatives, argue their case before a panel of arbitrators, who then form a decision, resolving the dispute, based upon the merits of the international agreements and World Assembly resolutions involved;
e. “Ex aequo et bono” as the power to dispense with stringent adherence of law and consider solely what is fair and equitable;
ESTABLISHES the International Mediation Council (“the IMC”) as the primary route of international dispute resolution, for the purpose of resolving international disputes through of the use of non-binding mediation between states that have agreed to enter such a process;
ESTABLISHES the International Court of Arbitration (“the ICA”) as the last route of international dispute resolution, for the purpose of resolving international disputes through the use of binding arbitration;
PROVIDES that if disputing states fail to reach an agreement or fail to comply by an agreement created through mediation, as determined by the IMC, then those states must go before the ICA;
MANDATES that decisions reached by the ICA be confined to specific cases and be themselves in compliance with the international agreements involved;
a. Should the states involved disagree with the decision reached by the ICA, they are permitted to enter into mediation again, during which time the decision will not be effective.
b. The ICA shall have the authority to determine if entering mediation is appropriate if a second round of mediation fails to yield results, in which case the ICA is permitted to re-hear the dispute or declare the previous decision immediately effective.
c. Upon request and agreement from all involved states, the ICA shall have the authority to issue decisions ex aequo et bono, except for cases involving World Assembly resolutions.
RESOLVES that the ICA may immediately and permanently dissolve all or part of international agreements, if those agreements prove to be contrary to established World Assembly resolutions;
CLARIFIES that the ICA is not a criminal court and cannot hear cases on criminal acts, nor can the ICA hear cases, criminal or civil, against specific persons.
Thanks.
