NationStates Jolt Archive


Pro-business resolution: International Contract Law

Knootoss
11-09-2004, 22:54
NOTE: This resolution is part of the
‘A pro-business resolution’ (http://forums2.jolt.co.uk/showthread.php?t=352950) scheme. As such, this will be a ‘free trade’ resolution.

This resolution has not yet been submitted. There will be a period where you can comment on this resolution and suggest improvements. For discussion on the fundamental need for a pro-business resolution or: go here (http://forums2.jolt.co.uk/showthread.php?t=352950)

Below you will find the draft text of the resolution. Thank you for your time.

http://www.meninhats.com/images/aram.gif
Aram Koopman, new Knootian UN representative


International Contract Law
Many international economic agreements, contracts and transactions are made every day. These agreements, contracts and transactions usually assume that both sides will play by the rules they have agreed upon. However, as there is no world court it is impossible to enforce, these contracts and agreements. The ‘law of the jungle’ prevails above the national level because powerful nations and corporations can force their legal system and their will on smaller and weaker partners.

To remedy this situation, the United Nations will create a system of International Contract Law (ICL) that will incorporate the basic legal principles of its member nations into a system of international rules for major transactions.

International Contract Law will only apply to
-international agreements, contracts and transactions between member governments
-international contracts and transactions made by individuals and companies registered in United Nations member states, provided the value of these contracts or transactions exceed a signifigant value to be determined by the Mediation Body

The United Nations will also establish a Mediation Body that will make a ruling based on ICL in the case of a dispute. The Mediation Body, composed on independent judges, will have the binding power to settle a dispute based on the principles of ICL. It will not have the authority to pursue criminal investigations nor will it have the authority to hand out punishments.

An international contract law drafting commission (UNICLDRACO) of experts representing all the various legal traditions of member states will be convened to draft the principles of International Contract Law for review and ratification by the UN as a whole. Another committee will be set up to oversee the creation of the mediation body once the International Contract Law rules are approved.
Knootoss
11-09-2004, 22:56
As you can see, I am not yet certain what to put in the place of $MONETARY VALUE. It should only be about major transactions, so a couple of million in some monetary value.

However in my European chauvinism I REFUSE to use the non-existant (in NS) US dollar for this purpose. :P Ideas?

Other thoughts are, of course, welcome. Thats what the thread is for.
Mikitivity
11-09-2004, 23:41
As you can see, I am not yet certain what to put in the place of $MONETARY VALUE. It should only be about major transactions, so a couple of million in some monetary value.

However in my European chauvinism I REFUSE to use the non-existant (in NS) US dollar for this purpose. :P Ideas?

Other thoughts are, of course, welcome. Thats what the thread is for.

You can't make a reference to any existing real world currency and I'm glad you did not choose the US dollar. There are game tools that convert currency between nations. I'd say spend a bit of time and find a nation that you feel is going to stick around and be stable for a while and use their currency. Add a note that the figure will be adjusted as that benchmark currency is adjusted.

Frankly, I think saying "significant" instead of using an exact number is fine. While godmodding nations will abuse such a term, welcome to the world of nitpickers who enjoy nothing but tearing apart your hard work. Maybe you'll gain a better appreciation for the amount of effort people put into these things when you are sitting on the other side of the table.

I'd much rather you write your proposal as a "resolution" and not just as a series of paragraphs, but the idea you've composed in this proposal looks fine to me.
Knootoss
12-09-2004, 00:08
I would use the Euro then. :p (My currency and that of the Europe region.) Anyway, I was thinking of perhaps using an arbitrary amount of gold or other precious metal. That would not be attached to a single nation.

Just using "significant" would be confusing to the voters and allow for a HUGE loophole, IMO.

EDIT:
Oh, yeah, why I wrote the thing as I wrote it. You will notice the other drafts are more resolutionish, but this one does not really lend itself to that purpose. This thing explains the concept, which is more important then the procedure. I will look into making it a bit more resolution-like though, if a general need is felt.

I'd like to note also that only a minority of UN resolutions was actually properly written like a resolution.
Britney and Cletus
12-09-2004, 00:55
Yeah, I want to thank you for making this easy to read. Cletus and I were looking at some of the other proposals, and I just had to go take a Valium and lie down with my eyes closed for a while after that. Big words totally make my head hurt, and a bunch of them together stress me out. And that causes wrinkles in my beautiful skin.

So just 'cause you were nice about it, The Disputed Territories of Britney and Cletus support this proposal.
Knootoss
12-09-2004, 16:58
Thank you :)

Now... does anyone have any ideas on how we can solve the monetary value problem?

(I will look over the split-off thread later to see if there are any comments that warrant responding to.)
Vastiva
13-09-2004, 05:40
"...of significant value as determined by the more/most restrictive laws of the parties in the trade agreement"

There may be a better way to put this so I'll explain in "plain english".

Your countrys judicial system (corporate law) defines "$5 million" as the minimal level of significant value.

Mine says "$500" is the minimal level of significant value.

Therefore, for purposes of the trade, $500 or more is considered significant.
The Most Glorious Hack
13-09-2004, 07:27
"Of a signifigant value to be determined by the Mediation Body"?
_Myopia_
13-09-2004, 17:15
This seems like a sensible proposal. How about a percentage of UN nations' average GDP? I don't know much about economics, but this seems like it would allow you to put in a figure without using real-life references. Although it would have to be a very small number.
Knootoss
13-09-2004, 19:28
Regarding the monetary issue:

Thank you for your input.

I have decided to go with Hacks "Of a signifigant value to be determined by the Mediation Body" unless a better suggestion pops up

Restrictive clauses set my national governments still means that powerful national governments could set standards to a ridicilously high level and force any other nations that want to trade with them to do the same. Other governments could choose to set the value ridicilously low (say, $500,-) which would mean that the international mediation court would be flooded with requests. This international court is designed for big cases only.
Knootoss
16-09-2004, 14:13
If there are no further comments I will submit my proposal soon.