ORDER OF JUDEX 5875-1A

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Malliki Nur Pinito
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ORDER OF JUDEX 5875-1A

Post by Malliki Nur Pinito »

ORDER OF JUDEX

PRE-TRIAL PROCEEDINGS

The Claimant Jacob Darylion-Verion has filed a claim against the Defendant, Her Niftiness Kizzy I, in her capacity as Kaiseress of Shireroth and chief executive of the Imperial Government. The claim is included in full.
(a) the Claimant´s full name: Jacob Darylion-Verion
(b) the defendant´s full name: Kizzy Drakland, Her Niftiness Kizzy I
(c) a brief précis of the facts of the matter:
Mr. Arbiter,

I have noticed that not long ago, a resolution was proposed by the Micras Treaty Organisation (MTO) with the intent to carry out an anti-piracy mission. I have also noticed that Her Niftiness the Kaiseress has already assured th MTO of Shireroth's support for the motion. However, it is my opinion that this resolution needs to be treated as a treaty, since it is agreed upon by a collective of national governments.

I am aware of the fact that Shireroth has ratified the Law of the Seas, which prohibits pirate activity. However, I believe that this resolution goes much further than this treaty, since it explicitly calls for direct action rather than condemnation.

As you must be aware, our Charter dictates that the Landsraad must pass Treaties, and, if you and I are in agreement upon the nature of this resolution, the Landsraad's vote is needed before the representative of the Imperial Republic supports this resolution in the General Assembly of the MTO. In that case, the voiced support for the resolution by Her Niftiness should be deemed preliminary.

(d) the laws which the applicant believes the named defendant has broken: The Imperial Charter
(e) a copy of any evidence already secured that is relevant to the trial and to the law indicated in (d): /
(f) a list of all relevant links to the evidence (if any) provided in (e) in chronological order:

http://shireroth.org/shirewiki/Charter_ ... finition_3
http://hub.mn/forum/viewtopic.php?p=87735#p87735
http://hub.mn/forum/viewtopic.php?p=87738#p87738

(g) any other material that is necessary for the hearing of the application.
(h) a copy of the order made by the Judex: N/a
The Parties are directed to, within 48 hours, register any and all evidence they wish to produce in a possible trial in this thread. Links to public posts on various forums are admissible, as well as testimony from witnesses.

The Defendant is also directed to reply to the claims made by the Claimant, in a single post in this thread, within 48 hours.

Amicus Curiae briefs shall also be posted in this thread within 48 hours.

The Parties may be represented by Advocates, which shall be named in this thread within 48 hours.

Any other posts in this thread will be deleted.

SO ORDERED
Tuesday 8/9 14.42
Malliki Nur Pinito

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Jonathan
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Re: ORDER OF JUDEX 5875-1A

Post by Jonathan »

Lord Arbiter

I have been asked by the Kaiseress to represent her. I await her confirmation.
Prince Jonathan
MIRZA JONATHAN MERLINGSSON AYREON-KALIRION

[spoiler]Emir of Sathrati
Prince of Natopia
Prince among the Lakes
Duke of New Aquitane
Duke of Haven
Count Shishin
Count of Northshire
Count of Arietta
Count of Cape Farewell
Count of Ransenar
Lord of Andelarion
Jarl of Frostarike
Baig of Upasāgara
Scion of the King of Kings[/spoiler]

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Kaiseress Kizzy
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Re: ORDER OF JUDEX 5875-1A

Post by Kaiseress Kizzy »

I confirm that Prince Jonathan shall serve as my counsel and advocate.
Her Niftiness
KIZZY

The Kaiseress of Shireroth

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Jonathan
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Re: ORDER OF JUDEX 5875-1A

Post by Jonathan »

Lord Arbiter

May it please the Judex to accept, aside from those evidence submitted and called upon by the claimaint, the following as well:

The Charter:
Art. II, A, 2.
Art. II, A, 3.
Art. II, B, 2.
Art. II, B, 4.
Art. III, B, 1.
Art. VI, A, 1.

The Lawbook:
Ch 4, B.

Legislation and treaties
Treaty of General Membership to the Micras Treaty Organization [MTO treaty repository]
Ratification of the Treaty of General Membership to the Micras Treaty Organization[Landsraad decision]

Caselaw:
Miller v IR et al IJ-3938-T1-A

Procedures:
GM Treaty Amendment Vote - Opinions and Missions


The response to the claimant is being written.
Last edited by Jonathan on Sun Sep 06, 2015 7:04 pm, edited 1 time in total.
Prince Jonathan
MIRZA JONATHAN MERLINGSSON AYREON-KALIRION

[spoiler]Emir of Sathrati
Prince of Natopia
Prince among the Lakes
Duke of New Aquitane
Duke of Haven
Count Shishin
Count of Northshire
Count of Arietta
Count of Cape Farewell
Count of Ransenar
Lord of Andelarion
Jarl of Frostarike
Baig of Upasāgara
Scion of the King of Kings[/spoiler]

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Jonathan
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Re: ORDER OF JUDEX 5875-1A

Post by Jonathan »

RESPONSE

Lord Arbiter

The Treaty of General Membership to the Micras Treaty Organization, hereinafter the GM or treaty, was ratified by the Landsraad on ASC 3597. When the treaty was ratified by the Landsraad, section 7 of the Treaty provided:
7. This treaty may be amended by the General Assembly with a 3/4th (75.0%) majority.
The GM was later amended by a vote of the General Assembly on ASC 4389, to provide as follows:
3a. The specific powers of the Secretary-General are to: declare votes passed or failed, remind representatives of proper procedure, set temporary voting and debate procedures to last in emergencies until canceled by 1/4 of the Assembly at anytime, keep debate relevant to the topic, serve as spokesman for the Micras Treaty Organization but not for its members, command (or officially appoint a commander) official MTO missions, delivering an official MTO Opinion to the greater micronational community and moderate the MTO's online forums.



6. Any party to this treaty may put before the General Assembly a Resolution for an MTO Mission.
6.a. Valid missions are providing aid to any nation in need, peacekeeping services in zones of conflict or potential conflict or any action deemed absolutely necessary by the General Assembly to the peace and well-being of Micras.
6.b. For a Resolution for an MTO Mission to pass, the General Assembly must meet a 3/4th (75.0%) vote in favor of the resolution.
6.c. MTO Missions are non-binding and no member of the MTO is obligated to take part in them.

7. Any party to this treaty may put before the General Assembly a Resolution for an MTO Opinion.
7.a. An MTO opinion will be a non-binding opinion on the issue(s) provided in the resolution.
7.b. An MTO Opinion resolution will only become an official MTO Opinion upon a unanimous vote in favor of said resolution.

..
It is therefore established that Shireroth has ratified the GM. While Shireroth has not ratified the amendment to the GM that established MTO missions, Shireroth had no need to. The original version of the GM (that was ratified) stipulated very clearly how the GM could be amended. A vote in the General Assembly was all that was necessary.

In line with the Treaty, the Kaiseress, in the name of the imperial government, supported the call for the mission to which the claimant refers.

This is perfectly legal and constitutional. The matter to support something is a foreign policy matter, afforded the imperial government in the Charter (VI, A). The Charter further declares that “The executive power of the Imperial government is vested in the Kaiser[ess]” (II, A, 2), and that “The Kaiser exercises zir authority by Imperial Decree” (II, A, 3).

In Miller v IR et al, the Judex held, “The Charter is silent on the issue of how an Imperial Decree should be formatted, so it is technically possible to name a statement "Green Chicken" and hold it as a valid Imperial Decree, provided that the content somehow implies that it is an Imperial Decree, and that it was the intent of the Kaiser that it should be an Imperial Decree.” Although the text of the Charter is different now from then, the Charter is still silent on how to format an imperial decree. The support from the Kaiseress for the MTO mission, in an official multilateral conference where governments make their stances known, should suffice for it to be considered an imperial decree as Miller provides. The content implies it, and the intent of the Kaiseress is clear: the Kaiseress supports the mission.

As the proposed MTO mission is executive in its content and not legislative, the Kaiseress had full competence to support it (in effect, decree the support).

The Lawbook writes of the MiniEx, among many other things, as follows: “The purpose of the Imperial Ministry of the Exterior ("MiniEx") shall be to oversee and implement the foreign policy of the Imperial Republic as directed by, and in cooperation with, the Kaiser, and in line with those treaties to which the Imperial Republic is a party.” (Ch 4, B, 1).

Now, although the matter is not (yet) involved with the MiniEx, the law states that foreign policy “directed by… the Kaiser … in line with those treaties to which the Imperial Republic is party”. The matter to support the MTO mission is a foreign policy decision, in line with the GM treaty (which Shireroth is party to). There is no fault on the Kaiseress for doing as she did.

Accordingly, may it please the Judex to dismiss the claimant's case.
Prince Jonathan
MIRZA JONATHAN MERLINGSSON AYREON-KALIRION

[spoiler]Emir of Sathrati
Prince of Natopia
Prince among the Lakes
Duke of New Aquitane
Duke of Haven
Count Shishin
Count of Northshire
Count of Arietta
Count of Cape Farewell
Count of Ransenar
Lord of Andelarion
Jarl of Frostarike
Baig of Upasāgara
Scion of the King of Kings[/spoiler]

Malliki Nur Pinito
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Re: ORDER OF JUDEX 5875-1A

Post by Malliki Nur Pinito »

Thank you. I do not see that this is an open-and-shut case, therefore we will move to trial.
Malliki Nur Pinito

Malliki Nur Pinito
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Re: ORDER OF JUDEX 5875-1A

Post by Malliki Nur Pinito »

Let's wrap this up.

OPINION OF THE IMPERIAL JUDEX
JACOB DARYLION VERION V HIN KIZZY I

The Claimant maintains that the vote of the Kaiseress in the General Assembly of the MTO is invalid due to the proposed resolution having the character of a treaty. It is the finding of the Imperial Judex that it does not have the character of a treaty. It is the opinion of the Imperial Judex that a treaty that has to be approved by the Landsraad, has to commit the Imperial Government to act or not to act in a certain manner. Participation in the MTO mission in question is entirely voluntary, regardless of one's vote in the General Assembly. This would mean that an entirely separate decision would have to be made in Shireroth to participate or not participate, since it would deploy our military forces abroad. Casting a vote in favor of the apprehension and prosecution of pirates on the High Seas is in line with Shirerithian policies.

Therefore, the Claimant's suit is dismissed.
Malliki Nur Pinito

Malliki Nur Pinito
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Re: ORDER OF JUDEX 5875-1A

Post by Malliki Nur Pinito »

Basically, it's not a treaty unless we commit to something. This resolution commits us to nothing, therefore it is not a treaty.
Malliki Nur Pinito

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Jonathan
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Re: ORDER OF JUDEX 5875-1A

Post by Jonathan »

*bows*
Prince Jonathan
MIRZA JONATHAN MERLINGSSON AYREON-KALIRION

[spoiler]Emir of Sathrati
Prince of Natopia
Prince among the Lakes
Duke of New Aquitane
Duke of Haven
Count Shishin
Count of Northshire
Count of Arietta
Count of Cape Farewell
Count of Ransenar
Lord of Andelarion
Jarl of Frostarike
Baig of Upasāgara
Scion of the King of Kings[/spoiler]

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Kaiseress Kizzy
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Joined: Tue Jul 28, 2015 10:09 pm

Re: ORDER OF JUDEX 5875-1A

Post by Kaiseress Kizzy »

Thank you Your Honor! The great legal tradition of the Imperial Republic has proven itself one of the best on Micras!
Her Niftiness
KIZZY

The Kaiseress of Shireroth

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