Proposal: General Code of Laws

[Hileville]

Fair enough, but addin' it to Article 6 allows nations who breaks the rules on the forums in a way that affects game play to be sentenced under Article 7, as well.

 
Good point.

[God-Emperor]

Thanks.

[Awesomiasa]

I'm getting really sick of your bullshit, Hile. These are extremely serious holiday suggestions and I am appalled that you believe otherwise. National Journalism Week is almost as important to TSP as Meaningful Cough Mondays and Johnson Januaries will be. And seriously, how can anyone dislike the idea of Fraky Fridays?

...

No, but in all seriousness, I'll have some actual law suggestions up when I have the chance to write them out. I believe that we could be a bit more specific about some of the offenses. I'm not too fond of our definition of "fraud" and am concerned by the "personal gain" wording. I'd like to clarify this, perhaps add offenses for perjury, and also throw in a few extra (but noteworthy) in-game violations.
 
EDIT: I suppose that perjury would fall under "fraud," now that I think about it.

 
Carta, you know you have the power to declare regional observances for certains weeks/days, like how <a class='bbc_url' href='https://en.wikipedia.org/wiki/International_Year'>the UN has International Days.</a> Not a holiday per se. But please, only meaningful ones without Communist elements. 

[Sandaoguo]

I think defamation should be expanded upon. Normally with defamation, there must be an actual injury. In other words, the person defamed must have actually suffered as a result. But the definition here is that there's just an attempt, but there doesn't have to be actual harm of reputation. A lot of politics could be caught up in that definition.
 
Also, does that apply to statement made only on this forum? Or could somebody be tried for defamation for statements made anywhere on NationStates, IRC, or another offsite forum? Do only citizens of TSP have protection against defamation? The CSS doesn't seem to be limited to cases among citizens, in the proposed Charter, for instance.

[God-Emperor]

If they're in our region or on our forum, they should be subject to our laws, whether or not they're citizens, and citizens should be subject to our laws whether or not they're in the region or on the forum.

[Sandaoguo]

If they're in our region or on our forum, they should be subject to our laws, whether or not they're citizens, and citizens should be subject to our laws whether or not they're in the region or on the forum.

 
So if I'm debating in the World Assembly and say something defaming about somebody (which is par for the course there), I could be subject of a defamation lawsuit in TSP? That doesn't seem right.

[Hileville]

We really haven't went that route in the past.  If you violate the NS rules then yes you will get in trouble here as well.  If you are posing on the NS forum we shouldn't be punishing you for that unless maybe if it is done any TSP sponsored threads in the GP area of the forums.  RMB violations count however IRC is kept off of the books when it comes to laws in most cases.

[God-Emperor]

Really?  I seem to recall IRC conversations used as evidence.  Am I wrong, or no?

[Drugged Monkeys]

IRC logs have been used as evidence to support a case, but I don't think they have been used to accuse someone of charges. If that makes sense

[Hileville]

IRC logs have been used as evidence to support a case, but I don't think they have been used to accuse someone of charges. If that makes sense

DM is correct

[Drugged Monkeys]

Is this ready for a vote?

[Hileville]

Not quite.  I will have time to add the final edits to it tomorrow.

[God-Emperor]

Lookin' forward to seein' 'em.

[Hileville]

Preamble:



We the nations of the Coalition of the South Pacific, hereby establish this Code of Laws.

 
Article 1:  Elections
<ul class='bbcol decimal'>

[*]All citizens who have held citizenship for a minimum of seven days prior to the start of an election cycle shall be eligible to run and vote in the election.

[*]The Delegate and Vice Delegate will run on one ticket and be elected by a majority vote.  If no candidate receives a majority vote a run-off election with the two candidates receiving the highest amount of votes will advance.

[*]All other Cabinet positions will be voted on separately and will be elected by a plurality vote.

[*]Elections will commence on the first day of every April, August, and December.

[*]Elections will be comprised of a nomination period lasting five days and a vote period lasting three days.  Campaigning may begin upon a candidates acceptance of a nomination or declaration of candidacy and last until the conclusion of the voting period.

[*]Run-off elections will begin within 24 hours of the initial vote closing and will be comprised of a voting period lasting three days, campaigning may continue during this period.

[*]In the event no candidates runs for an available office the newly elected Cabinet will appoint a citizen to fill the vacancy.

[*]Vacancies in office occur when the office holder resigns or is recalled.  In the vent of a vacancy a special election will be called within 72 hours of the office becoming vacant unless the vacancy occurs in the month prior to the start of an election cycle in this case the Cabinet will appoint a Citizen to fill the vacated position for the remainder of the term.

[*]Special Elections will be comprised of a nomination and voting period both lasting three days each.  Campaigning may being upon the acceptance of a nomination or declaration of candidacy and last until the conclusion of the voting period.

[*]Election will be ran by a member of the forum administration or moderation staff who will not be a candidate in the given election cycle.

[/list]Article 2:  Recall Procedures
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[*]The Assembly may recall any elected or appointed official.

[*]Once the recall procedure is initiated the entire procedure must be completed.

[*]Discussions on a recall motion will occur for a minimum of three days and will advance to a vote immediately after the end of the third day.

[*]A recall motion passed if 75% of all votes cast are in the affirmative.

[/list]Article 3:  Delegate
<ul class='bbcol decimal'>

[*]In accordance with the Charter if the Delegate resigns or is recalled or otherwise unable to carry out the duties of the Office the Vice Delegate will assume the Office of the Delegate immediately.

[*]In the event of Clause 1 of this article the next in the line of succession will then assume the Office of the Vice Delegate.

[*]The line of succession shall be updated and maintained in clause 4 of this Article and be updated immediately upon new the acceptance of new members to the Committee for State Security.  If a member of the Committee for State Security is the current Delegate or is unable to serve they will be skipped in the succession order.

[*]The line of succession past the Vice Delegate is as follows:  Brutland and Norden and Fudgetopia.

[/list]Article 4:  The New Southern Army
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[*]The New Southern Army, hereon referred to as the NSA, is established as the sole Armed Force within the Coalition of the South Pacific.

[*]The NSA will be led by the Minister of the Army and a panel of thee Generals, herein referred to as the General Corps, selected by the Assembly and serving a life term.

[*]The Minister of the Army will recommend Citizens to serve in the General Corps upon the passage of this document and in the event a vacancy arises.  The citizens must be approved by the Assembly who will have the power to recommend replacements if the deny a selection.

[*]The General Corps is responsible for the planning of and overseeing of all missions of the NSA.

[*]The NSA is to be considered an "independent" Army when it comes to the Raider/Defender Ideology.  Being "independent" is to in all matters act in the interest of the Coalition and not be tied down to choosing one ideology.

[*]The NSA will be permitted to carry out offensive, defensive, support, and various types of operations as seen fit by the Minister of the Army.

[*]The Minister of the Army and General Corps will be responsible for creating further regulations for the NSA and presenting them to the Assembly for passage in accordance with normal Assembly policy.

[*]The NSA will be responsible for carrying out all operations relating to a Declaration of War passed by the Assembly. A declaration of war is not inherently necessary for the NSA to act against a foreign entity and/or organization.  

[/list]Article 5:  Holidays
<ul class='bbcol decimal'>

[*]January the 1<sup class='bbc'>st</sup> shall be declared Delegates Day, celebrating those who have served as Delegate of the Coalition.

[*]April the 23<sup class='bbc'>rd</sup> through April the 27<sup class='bbc'>th</sup> shall be declared Foundation Week, celebrating the creation of the South Pacific.

[*]June the 2<sup class='bbc'>nd </sup>shall be declared Coalition<strong class='bbc'> Day</strong>, celebrating the creation of the Charter, Government, and the Coalition.

[*]July the 20<sup class='bbc'>th</sup> shall be declared Independence Day, celebrating our freedom and independence, marking the end of UCR control over the South Pacific.

[*]November the 13<sup class='bbc'>th</sup> shall be declared Creation Day, celebrating the creation of NationStates.

[/list]Article 6:  Criminal Code
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[*]Treason shall be defined as plotting against the Coalition, seeking to lower the delegate's endorsement count without his or her consent, breaking the endorsement cap after receiving an official warning, aiding any entity in which the Coalition is taking defensive action against, or any entity in which a state of war exists with. Nations and citizens that refuse to align with the Delegate via endorsement during a State of Emergency shall be considered guilty of treason, and refusing to disclose the name of one's WA nation whilst the aforementioned circumstances are in effect is also considered an act of treason.

[*]Defamation shall be defined as communication of a statement which makes a false claim, expressly stated or implied to be factual, in an attempt to harm the reputation of another user or group of users on the forum.  The offended must express the offense to the Court in order for the charge to be considered.

[*]Fraud shall be defined as a deception made for personal gain or to damage another individual.

[*]Espionage shall be defined as an act of or attempt to obtain information that is confidential or not made publicly available for use by oneself or an entity one represents.  Distribution of private information that originates on the South Pacific Forum without the express written permission of the Cabinet of the South Pacific shall be considered Espionage.

[*]Conduct violations shall be defined as breaking in-game NationStates rules.

[/list]Article 7:  Penal Code
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[*]If found guilty of an act of treason, the offending nation will be immediately banned from the in-game region and offsite forums.

[*]If found guilty of defamation, the offending nation must issue a public apology to the nation in which the offense was committed against.  Further punishment may be determined by the Judiciary.

[*]If found guilty of fraud, the Judiciary will determine a sentence.  The sentence must be proportionate to the offence.

[*]If found guilty of espionage, the offending nation may be banned from the in-game region and expelled from the offsite forums.  The Judiciary may determine a lesser sentence in order to keep proportionality with the offense.

[*]Conduct violations are punishable by immediate ejection and banishment from the region, albeit punished parties may appeal this decision to the court. In most cases, nations that appeal the decision and apologize should expect to have their ban lifted.

[/list]

[Hileville]

Proposed final draft.  I believe I got everything that was suggested.

[Milograd]

A lot of what I suggested is missing.
 
EDIT: See IRC, mate.

[God-Emperor]

Like what?

[Hileville]

Like what?

 
They have all been added as per our discussion on IRC.
 
The only think I didn't change was the name of the Army.

[God-Emperor]

Boo!

[Drugged Monkeys]

It looks good. Some minor spelling issues but other than that I like it

[Awesomiasa]

I think it's good enough to be put to vote!

[God-Emperor]

The motion has been made.