NationStates Jolt Archive

Noting: The diverstiy of cultures and religions encompased by the members states of the UN.
That these cultures encomapses opposing ideals, sometimes with severe consequences.
The increase in the frequency of international travel between both UN member states and non-UN states.
The conflicting rights of sovreignty over a nations own people and sovreignty within a nations own borders arrising from this situation.
Be it hereby resolved that: In cases in which physical or material harm has been done, full legal action may be taken.
In cases in which similar laws exist within a citizens country of residence, the citizen may be prosecuted according to the laws of their country of residence.
In cases where laws not falling under these categories have been broken, citizens of foreign countries may be deported to their country of residence and be bared from re-entry for a time period no greater then a citizen of the country they visited would spend in jail for the same crime.
In any matter involving legal proceedings in a foreign country, a foreign citizen may request legal aid and council from their nation of residence.

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Notes:
Comment on any problems/ideas you have.

Not sure what type of resolution this should be...Free Trade and Human Rights both sound good. Comments on this are also welcome.

Expect EDITs to this, I don't think it's perfect by any means. Read the current proposal even if you already read it (if you're going to make a comment).

So then a nation would not be able to prosecute types of crimes, which are crimes based on the morals of that nation? For instance - drug use? If I were a citizen from Tokertopia visiting Prohibitionia on vacation, could I walk down the street smoking a joint?

Seems like a loophole sized for a battleship to sail through. :)

Child pornography is illegal in some nations, but legal in others. However, this situation of different citizens in different nations does need to be addressed.

I propose amending this proposal to the following:

Resolved,

That all UN member nations give full faith and respect to other member nations laws and shall allow their citizen, if while visiting a country outside of his own and violated a law in that country, to be prosecuted by that nation and it's laws, but only the nation where the crime was committed can prosecute. However, if the defendant is unable to defend himself/herself, his nation of citizenship may provide legal defense for said citizen.

A. This proposal is void if law violated outlaws a religion or religious expression, unless it is found by proper investigation that religious expression was used as a shield for committing heinous acts of murder or violence against other humans, or destruction of personal property, such as burning down one's home, books, vehicles, etc.
If such shielding cannot be proven, then the nation has no right to prosecute.

B. This proposal is void if the punishment is extreme considering the crime involved. I.E., the Death Penalty can only be used for cases of rape or murder, but if the nation in question has outlawed the death penalty, they cannot be forced to institute it.

Ok, edited it to (hopefully) get rid of that really obvious loophole. Aby other comments/suggestions?

Anyone else have comments?

So in the scenarios above, the drug user of child pornographer would be deported back to their country of origin?
Maybe the country should have the option of barring them from re-entry? Either permanently, or for some duration (5 years?)

So in the scenarios above, the drug user of child pornographer would be deported back to their country of origin?
Maybe the country should have the option of barring them from re-entry? Either permanently, or for some duration (5 years?)
Good idea.