NationStates Jolt Archive

When I posted a resolution to the forums, there were concerns about the legality of the proposal because of a previous Resolution (#26, for reference). So we took the draft, reworked it so as to make it not illegal, and reposted. There was some confusion as to whether or not the changes were sufficient, and so I'm asking for a moderator to make a ruling before I post so I don't propose something illegal, and if it isn't illegal, it would be easier to support. Those are the reasons for requesting a mod ruling.

The proposal follows: UNDERSTANDING that all people have needs of certain items such as food or medicine, and the needs of the people trump the need for individual nations to fill their own coffers;

REALIZING these certain items should be unrestricted in the way of trade to better serve the people of the World Assembly;

UNDERSTANDING that the World Assembly Resolution #26 (titled “World Assembly Economic Union”) addresses these concerns but does not address them as specifically as desired;

FURTHER realizing that no proposed resolution can amend, edit, build upon, or change in any way passed Resolutions;

THINKING the most efficient way to increase the free trade of these items is to eliminate tariffs on such items;

UNDERSTANDING that it would be beyond the power of the World Assembly to force any nation to actively trade with any other nation;

HEREBY:

1) DECLARES the following items necessary for life;
A) Medicinal goods defined such as any substance or combination of substances presented as having properties for treating or preventing disease in citizens; or Any substance or combination of substances which may be used in or administered to citizens either with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis
B) Foodstuffs defined such as any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans with the intended purpose to address hunger and nourishment concerns; Food shall not include medicinal products
C) Water suitable for drinking

2) ELIMINATES all trade tariffs between WA members on all items necessary for life as defined by this Resolution;

3) ADVISES WA nations to lower or eliminate tariffs on good coming from non-member nations, but understands that non-member nations may impose tariffs on their own and so leaves this decision to individual member nations;

4) EXEMPTS all other products not defined as necessary for life from this Resolution and leaves the issues of tariffs on such products to the discretion of individual member nations;

5) REAFFIRMS an individual nations right to refuse to trade at all, and as such this Resolution will not force any nation to trade against its will;

6)DECLARES this Resolution legal, beneficial, and necessary with or without World Assembly Resolution #26 (titled “World Assembly Economic Union”), and if ever World Assembly Resolution #26 (titled “World Assembly Economic Union”) is repealed, this Resolution stands on its own merit;

the link to resolution 26 is http://www.nationstates.net/92206/pa...tions/start=25

and the link to the thread where the question was brought up is here http://forums2.jolt.co.uk/showthread.php?t=582826


Thank you for you time, and if this was the wrong place to post this, I couldn't find a better one.

Can I just say that, in my non-official opinion, clause 4) is the most obviously illegal element, because it states
leaves the issues of tariffs on such products to the discretion of individual member nations;
whereas the WAEU (http://www.nationstates.net/page=WA_past_resolutions/start=25) (your link is broken) says:
AUTHORIZES the WATC to implement a process for the gradual elimination of protectionist devices restricting the trade of all goods, services, raw materials, commodities and labor, including but not limited to tariffs, duties, subsidies, subventions and quotas employed by WA member nations.

- The process will be conducted through a series of meetings convened by the WATC at its own discretion, but at least one per decade, with the goal of eventual elimination of all protectionist devices employed by WA member nations;

- Decisions arrived at by the WATC in the scheduled meetings are binding;

snaps, meant to delete that from before. fixed.

UNDERSTANDING that all people have needs of certain items such as food or medicine, and the needs of the people trump the need for individual nations to fill their own coffers;

REALIZING these certain items should be unrestricted in the way of trade to better serve the people of the World Assembly;

UNDERSTANDING that the World Assembly Resolution #26 (titled “World Assembly Economic Union”) addresses these concerns but does not address them as specifically as desired;

FURTHER realizing that no proposed resolution can amend, edit, build upon, or change in any way passed Resolutions;

THINKING the most efficient way to increase the free trade of these items is to eliminate tariffs on such items;

UNDERSTANDING that it would be beyond the power of the World Assembly to force any nation to actively trade with any other nation;

HEREBY:

1) DECLARES the following items necessary for life;
A) Medicinal goods defined such as any substance or combination of substances presented as having properties for treating or preventing disease in citizens; or Any substance or combination of substances which may be used in or administered to citizens either with a view to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis
B) Foodstuffs defined such as any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans with the intended purpose to address hunger and nourishment concerns; Food shall not include medicinal products
C) Water suitable for drinking

2) ELIMINATES all trade tariffs between WA members on all items necessary for life as defined by this Resolution;

3) ADVISES WA nations to lower or eliminate tariffs on good coming from non-member nations, but understands that non-member nations may impose tariffs on their own and so leaves this decision to individual member nations;

4) EXEMPTS all other products not defined as necessary for life from this Resolution;

5) REAFFIRMS an individual nations right to refuse to trade at all, and as such this Resolution will not force any nation to trade against its will;

6)DECLARES this Resolution legal, beneficial, and necessary with or without World Assembly Resolution #26 (titled “World Assembly Economic Union”), and if ever World Assembly Resolution #26 (titled “World Assembly Economic Union”) is repealed, this Resolution stands on its own merit;

I read and re-read both the original thread and the redraft, and I applaud the humanitarian aim, but I think "World Assembly Economic Union" has you stymied -- to such an extent that its second clause could even be read to say that your actual proposal should be referred to the WA Trade Commission, not the WA.

For me, the dealbreaker on legality is WAEU's Clause 3, particularly this bit on removing tariffs:
The process will be conducted through a series of meetings convened by the WATC at its own discretion ...

That is, Clause 3 establishes one and one only way of dealing with tariffs, that way being the WATC's meetings.

So I'd say that your proposal would be duplication, leaving you with a repeal of WAEU as your only recourse.

Other mods may have a less draconian interpretation of the WAEU legislation, though, so I'll leave it open to further mod opinions.