[DRAFTS] "Repeal 'Rights and Duties of WA States'" and "Charter of the World Assembly"

[Auralia]

This is a repeal and replace of the founding document of the World Assembly, GAR #2 ("Rights and Duties of WA States"). Such an endeavour would, of course, only be justifiable if GAR #2 contained an absolutely appalling flaw, but I fear that this is the case.

The most troubling issue is that GAR #2 has an extremely misguided conception of war: it states that war is acceptable if and only if it is consensual. This definition effectively legalizes armed conflict between two or more mutual aggressors, in which each party wishes to take control over the others' territory, population or resources, because such a war is technically consensual. At the same time, it forbids most just wars, including peacemaking operations and humanitarian interventions, because not all parties consent to the conflict. This provides a shield for dictators and tyrants that allows them to deprive their people of fundamental rights and freedoms without fear of reprisal. For this reason alone, the resolution should be repealed and replaced, though others are listed in the repeal draft.

I look forward to hearing your comments, suggestions and concerns. Thanks!

(You may notice that the proposed replacement charter is not credited to me, but to a nation called World Assembly Charter Working Group. This is because the original draft was a collaborative work, and the authors believed that no nation should "own" a replacement charter.)

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Repeal "Rights and Duties of WA States"
A resolution to repeal previously passed legislation.

Category: Repeal | Resolution: GAR #2 | Proposed by: Auralia

 
Strongly affirming the need for a World Assembly charter that clearly delineates the basic rights and responsibilities of World Assembly member states,

Regretting that the numerous flaws present in GAR #2, "Rights and Duties of WA States", necessitate its repeal,

Condemning the target resolution's morally repugnant conception of war, which is that war is permissible so long as it is consensual,

Shocked that this conception of war effectively legalizes armed conflict between two or more mutual aggressors, in which each party wishes to take control over the others’ territory, population or resources, because such a war is technically consensual,

Appalled that this conception of war also forbids most just wars, including peacemaking operations and humanitarian interventions, because not all parties consent to the conflict,

Distressed that the target resolution forbids nations from any unrequested intervention in the sovereign affairs of other nations, regardless of whether such intervention is justified, as in the case of peacemaking operations and humanitarian intervention,

Alarmed that the target resolution's requirement that resolutions be implemented in "good faith" is sufficiently vague as to permit the effective circumvention of resolutions through sincere yet invalid interpretations of resolutions, while prohibiting the World Assembly from passing a separate resolution governing the legitimate interpretation of resolutions,

Concerned that the target resolution prevents the World Assembly from taking or supporting any military action whatsoever, precluding the World Assembly from addressing violations of human rights or threats to international peace and security,

Strongly hoping that a replacement charter will soon be passed,

The General Assembly,

Repeals GAR #2, "Rights and Duties of WA States".

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Charter of the World Assembly
A resolution to restrict political freedoms in the interest of law and order.

Category: Political Stability | Strength: Mild | Proposed by: World Assembly Charter Working Group

We, the assembled member states of the World Assembly, in order to maintain international peace and security, to promote respect for fundamental rights and freedoms, and to further cooperation between all states in addressing social, economic, cultural, environmental and humanitarian problems, hereby establish the following World Assembly charter:

Article I: National Sovereignty

Section 1. All member states of the World Assembly are equal sovereign states and possess all of the rights and duties of governance, including the right to choose their own form of government and to exercise jurisdiction over their territory and everything therein, without interference from any other member state, in accordance with World Assembly law.

Section 2. All member states shall refrain from unjustified intervention in the internal and external affairs of other states, in accordance with World Assembly law.

Article II: Principles of the World Assembly

Section 1. All member states shall endeavour to maintain international peace and security, to promote respect for fundamental rights and freedoms, to cooperate with all other states in addressing social, economic, cultural, environmental and humanitarian problems, and to promote the utilization of the World Assembly as a centre of cooperation to achieve those common goals.

Section 2. All member states shall fulfill in good faith all obligations arising from World Assembly law and refrain from imposing any law or practice in violation thereof.

Section 3. All member states shall interpret World Assembly law in accordance with the ordinary meaning given to the terms of each law, in the context in which they are used, in light of the object and purpose of each law and without prejudice to any special meaning given to a term as defined in each law.

Section 4. All member states have the right to equality under the law with all other member states. The World Assembly shall not engage in unjust discrimination between member states.

Section 5. World Assembly membership is optional. All states that are not members of the World Assembly are not subject to its jurisdiction. The World Assembly shall not directly intervene in the internal and external affairs of non-member states.

Article III: International Peace and Security

Section 1. All member states have the right to individual and collective self-defence against armed attack. Member states are encouraged to establish collective security agreements with other states in order to preserve international peace and security.

Section 2. All member states shall first exercise all available peaceful and diplomatic means to resolve a dispute with another state.

Section 3. All member states shall refrain from the unjustified threat or use of force against other states, in accordance with World Assembly law. No member state shall engage in a war of aggression with another state, and member states shall not recognize any territorial acquisitions thereof.

Section 4. All member states shall not use the excuse of sovereignty to engage in acts of violence against their people. All member states have the duty to individually and collectively address violations of human rights and threats to international peace and security, including through the use of force if and when necessary, in accordance with World Assembly law.