General Assembly Resolution # 440
A resolution to increase democratic freedoms.
Category: Furtherment of Democracy
Proposed by: Separatist Peoples
Understanding that many nations deliberately contravene international laws to gain an unfair advantage over their neighbours;
Noting that others do so to oppress their citizens, extract revenues from governmental institutions and operations, discredit their opponents, and secure their tenuous bases of power;
Haunted by the suffering bred by noncompliance;
Resolute to succor its victims and hold their oppressors to account;
Observing that the World Assembly has already taken steps in combatting these transgressions against international law by passing GAR#390, Compliance Commission; and
Giving credence to the body of damning evidence assembled by the WACC;
Hereby enacts the following:
Article I. Independent Adjudicative Office
1. The World Assembly creates the Independent Adjudicative Office (IAO) and directs it to:
Hold fair and independent evidentiary hearings for claims of noncompliance brought by the WACC, overseen by a panel of independent adjudicators;
Decide on the merits of the claims and arguments as to whether a fine is appropriate based on a reasonable interpretation of international law;
Coordinate with the WA General Accounting Office ("GAO") to assess and levy a fine and schedule calculated proportionately to the violation but in no case less than what will reasonably coerce compliance from member states;
The assessments must be based on:
the severity of the noncompliance,
the states objective intent to commit noncompliance or the actions proximate to a violation,
the good faith nature of the states actions proximate to a violation,
the states history of noncompliance,
force majeure preventing the state from fulfilling its obligations, and
other mitigating or aggravating circumstances;
2. Remain entirely independent from the WACC and any subcommittees, except for essential coordination to ensure procedural due process for all involved parties;
3. Ensure no ex parte communications occur between itself and any involved parties, and to enforce appropriate remedies if such communications do occur;
4. Promulgate and follow procedure for hearings in a manner consistent with the principles of justice, fairness, and due process;
5. Record and make publicly available all hearing records, excepting those involving privileged individual information, proprietary commercial data, or material necessary for national security.
Article II. Compliance Commission
1. The World Assembly establishes the World Assembly Solicitors Office (WASO) as a subset of the WA Compliance Commission (WACC), and directs it to:
Review investigations regarding member noncompliance;
Accept reports of noncompliance from both member states and individual and sub-national entities, subject to WASO discretion;
File a complaint, containing evidence and all applicable law, to the Independent Adjudicative Office and accordingly prosecute that complaint;
Communicate with those member states which are the subject of the complaint and inform them of any available steps that might prevent filing of a complaint;
Maintain discretion over which compliance violations to pursue.
Article III. General Accounting Office
1. The World Assembly tasks the GAO with collecting all IAO fines and crediting them against the required contribution amount due from members found compliant during the same assessment period.
Article IV. Member State Rights and Duties
1. Every inhabitant of a member state is entitled to an effective remedy against their state for all injuries to their person, property, or character by having recourse in law or equity for any right, made explicitly or implicitly by a restriction on member states, created by World Assembly law.
2. Member states may not prevent or discourage individuals or entities from cooperating with the WASO, nor from asserting any other right in this resolution, subject only to reasonable justiciability restrictions.
3. Member states may have a representative and legal counsel present at IAO hearings to act in their defense.
4. Member states must enforce the strongest sanctions available against those member states that refuse to pay IAO fines, subject only to the limitations of extant law, until the fines are paid or the issue becomes moot.
5. Member states must cooperate fully with, and not restrict or frustrate the actions of, all World Assembly committees referenced in this resolution.
Article V. World Assembly Limitations
1. The World Assembly may not restrict or frustrate IAO fine assessment or collection, nor impose limits on the extent or duration of member state obligations under this resolution.
Co-Authored by Imperium Anglorum