Milord Arbiter,
I would first contend that the ability of Imperial States to arrange treaties with each other is an irrelevance to this case as it is of an exclusively internal Shirerithian nature, and is widely accepted by precedent - not only by the Shirekeep agreeement but by the Treaty of Kingsgate between Elwynn and Goldshire, the negotiations between Kildare and Aryasht over Norfolk et cetera. Treaties between Imperial States are not the issue here.
THE ROLE OF THE LANDSRAAD AS EXCLUSIVE RATIFIER
For treaties with non-Shirerithian powers, let us consider the Imperial Charter. Article III.B.1.c states that the Landsraad "Ratifies treaties with foreign powers". The phrase "foreign power" in the text of the Imperial Charter can be reasonably construed to refer to any non-Shirerithian polity.
The word "ratify" is of more interest, as it implies that the actual drafts of such treaties can come from
any source within Shireroth, including the Imperial States, and that the Landsraad's role is to serve as the final stamp of authority upon said treaty.
The very existence of Article III.B.1.c is also of some interest - firstly because, unlike Article II.A.2.a for the Kaiser, it does not restrict its authority to the Imperial Government alone. It simply states that the ratification of treaties with foreign powers is the Landsraad's domain. The existence of this provision at all in the Charter - one of the few Imperial instruments binding the Imperial States in any way - would suggest that the Landsraad is not merely
A power in the ratification of treaties with foreign states, but that it is
THE power. Id est, that it is the only legitimate authority in the ratification of treaties between ANY Shirerithian polity and a foreign power, and that it cannot be circumvented by Imperial States nor any other polity acting in defiance of its oversight. If there were meant to be some scope for non-Imperial polities to ratify treaties with foreign powers independent of the Landsraad, I contend that Article III.B.c.1 would have been unnecessary and thus would not have been written.
The fact that Article III.B.1.c is a line in its own right, quite seperate from Article III.B.1.a, further proves that the ratification of treaties with foreign power is the Landsraad's exclusive domain
regardless of whether or not such treaties are a matter of Common Concern. This provision is intended to avoid the seeding of absurd situations before they do become a Matter of Common Concern, by which time it may be too late to resolve the situation practically. For example, an Imperial State entering into formal military alliance with a foreign power which later falls into a state of war with the Imperial Republic, would place that Imperial State in the absurd situation of being at war with Shireroth while still being a part of it. The initial alliance may not be a Matter of Common Concern during peacetime, but if a war broke out it would very much be so - but by that time the matter would have become merely academic as Shireroth would have begun to fragment beyond function. I believe Article III.B.1.c was written specifically to avoid that type of situation.
Finally I would like to bring the Lord Arbiter's attention to a precedent which he may find enlightening - the case of
the Imperial Republic v. the Dutchy of Kildare in 5249 ASC, wherein the Judex ruled in favour of the exclusivity of the Landsraad in ratifying treaties with foreign powers.
CONCLUSION
While the Kaiser does not have the privilege of final ratification of treaties between Imperial States and foreign powers, the Imperial Republic contends that the Landsraad IS vested with that power to the exclusion of all other polities inclusing the Imperial States themselves; moreover that this state of affairs is reflected in the Charter, not only in letter but in spirit.
The Reply of the Respondent is Thus Submitted.
Stellus Yastreb
For the Imperial Republic of Shireroth