NationStates Jolt Archive


Resolution Proposal: International practice of Law and licensing

Sinigaglio
25-11-2007, 00:43
In the interest of free trade across all member nations the UN should adopt a licensing program for international attorney's that could represent clients and resolve disputes in all nations. Trade and travel between nations will lead to legal conflicts that can be more efficiently resolved with an International Legal Bar. Therefore I would submit the following proposal:

Description: Recognizing: The World is increasingly flat--namely member nations are consistently trading goods and services, travel between nations is easier and happens more often, television broadcasts and other electronic media can be seen across nations and thousands of miles instantaneously. There is instantaneous communication between nations leading to increased interactions between citizens of member nations that can lead to increased conflicts and legal disputes.

Understanding: That this increased trade, travel, transfer of information and communication can lead to business conflicts, personal injury claims, international incidents of libel, slander and numerous other legal claims. The resolution of which would be greatly eased by an international law practitioner licensed to practice in all member states to aid in the mediation and equitable solution to all such conflicts and claims.

Therefore: The UN shall establish an international legal bar for licensing lawyers from all member states to practice law across the nations. The power to establish the standards and practices of the licensing bar would rest with the United Nations Legal Bar Committee. Each licensed attorney would be required to pass a minimum competency test in the areas of international law and the procedural and substantive rules of the member nations as well as be held to the highest standard of professionalism and ethics. The test shall be designed and administered by the aforementioned UN Legal Bar Committee. Member nations may participate in the International Legal Bar on a voluntary basis on the condition that for members of their nation to seek entrance to the International Bar they must allow all members of the International Bar full rights of a practicing attorney in their state.

Thanks for reading, please provide feedback either general drafting or substantive responses to the proposal. I look forward to an informative and lively debate.
Iron Felix
25-11-2007, 01:45
I'm not sure how this is Free Trade. It seems to just set up an international Bar Association and charge it with licensing attorneys.

Here is what a Free Trade resolution does:
Free Trade
A resolution to reduce barriers to free trade and commerce.

Social Justice
A resolution to reduce income inequality and increase basic welfare.

These are almost exactly opposed types of resolutions. Both affect Economic freedoms. "Free Trade" increases Economic freedoms while "Social Justice" reduces Economic freedoms. In addition, "Social Justice" also increases government spending on welfare and healthcare (though "Free Trade" does not have an opposite effect). Economic freedoms primarily discuss how much regulation there is on business/industry or how much government spending goes to helping poor/sick people. Total Economic freedom is Laissez-faire Capitalism. Zero Economic freedom is a completely government-controlled economy. Creating a Food and Drug Administration in all UN member nations, or creating a Securities and Exchange Commission in all UN member nations is imposing a mild form of Economic control, and therefore a mild reduction of Economic freedoms; you're imposing restrictions on what businesses and industries may do and you're moving away from a completely-uncontrolled Laissez-faire system.

In terms of Economic Freedoms, "Mild" versions of either category will push nations in a particular direction, but only as far as the center. Stronger versions will push nations towards a more extreme end of the spectrum.
As it is right now, your proposal doesn't seem to fit into any category. Take a look at the rules (found here) (http://forums.jolt.co.uk/showthread.php?t=420465) and try to write your proposal to a category. That's a whole lot easier than writing it first and then trying to shoehorn it into a category later.
Sinigaglio
25-11-2007, 17:07
Thanks for feedback. Regarding how it fits into free trade, it allows lawyers from one nation to practice in another nation. As the practice of law is a service that is often traded for money, it would allow member nations to more easily trade the service of law. Additionally it would ease contract dispute resolutions across nations and aid in tourism (which would increase trade across the nations) by allowing people easier access to attorneys from across nations or to use an attorney from their nation in disputes in other nations.
Bahgum
26-11-2007, 13:55
Bahgum settles it disputes via shin kicking or gut barging duels, we see no need for this proposal.
Evoinia
26-11-2007, 15:59
Thanks for feedback. Regarding how it fits into free trade, it allows lawyers from one nation to practice in another nation. As the practice of law is a service that is often traded for money, it would allow member nations to more easily trade the service of law. Additionally it would ease contract dispute resolutions across nations and aid in tourism (which would increase trade across the nations) by allowing people easier access to attorneys from across nations or to use an attorney from their nation in disputes in other nations.

But thats not free trade. That would be a matter of civil law. How creating a " licensing program for international attorney's that could represent clients and resolve disputes in all nations." will increase tourism I fail to see.

As tourists would not be assuming they will make some kind of crime within another nation, if so, I'd prefer to extradite them shortly after they reached Evoinian soil.
ShogunKhan
27-11-2007, 00:19
We are against. Our Wawis perform the functions of justice givers better than what we have seen in other nations. We have no wish to force our better methods onto other UN members because it is considered religious and that would offend the sensibilities of some of the members. Therefore, if we are wise enough to not force our superior legal system onto you, you can be wise enough to follow our lead.

For more info see the thread in the NationStates forum titled "Religion of ShogunKhan, The spread of Wonderful War".