01-16-2006, 06:55 PM
Quote: Repeal "The Law of the Sea"
A proposal to repeal a previously passed resolution
Category: Repeal
Resolution: #74
Proposed by: Gruenberg
Description: UN Resolution #74: The Law of the Sea (Category: Free Trade; Strength: Mild) shall be struck out and rendered null and void.
Argument: The United Nations,
OBSERVING that non-UN members outnumber UN members 3 to 1,
ASSERTING that the attempts of "The Law of the Sea" to claim UN jurisdiction over international waters are misguided, impractical, and illegal,
FULLY CONVINCED that the 20 kilometre allotments granted by "The Law of the Sea" are far too small without allowance for the extension of Exclusive Economic Zones, and further that the undefined and vague status of 'scientific research stations' could lead to abuse by unscrupulous nations,
BELIEVING that the allotment of fishing quotas is inefficiently administered by "The Law of the Sea", but now falls under the jurisdiction of the UNCoESB,
APPALLED at the extensive bureaucracy created by "The Law of the Sea", which would be largely rendered ineffectual by the presence of non-UN navies, and the lack of legislation governing relations between these and UN navies,
CONCERNED by the conflict between the obligations of ships under "The Law of the Sea", and of declared neutral ships,
DEPLORING the designation of definition of piracy to bilateral definition, which would in fact allow ships at will to disrupt trade, in effect fuelling, rather than preventing, international piracy,
NOT BELIEVING 'reasonable grounds' is sufficiently defined to prevent arbitrary, aggressive boarding of ships, and appalled at the breach of confidentiality created by the UN database of searches,
DISREGARDING the claim that the UN can designate no-fishing areas, given the presence of non-UN fishing boats,
DISBELIEVING the sweeping nature of "The Law of the Sea", in attempting to connect a number of entirely separate concerns, such as international security and ecology, to be a productive approach to internationally binding legislation,
FULLY CONDEMNING "The Law of the Sea" for attempting to assert UN jurisdiction over international territory:
1. REPEALS "The Law of the Sea";
2. IMPLORES the General Assembly to ensure speedy replacement of certain admittedly important aspects of "The Law of the Sea" concerning the sovereignty of territorial waters, and its well-intentioned but ineffectively and dangerously executed attempts to combat piracy.
Voting Ends: Fri Jan 20 2006 [/quote]
The original resolution reads:
Quote: UNITED NATIONS RESOLUTION #74
The Law of the Sea
A resolution to reduce barriers to free trade and commerce.
Category: Free Trade
Strength: Mild
Proposed by: Serconea
Description: The United Nations,
RESOLVES:
1. That all areas of sea more than 20 kilometres from an internationally recognised settled landmass or scientific research station are described as international waters. The UN may permit archipelagos to have the 20 kilometre limit start from the outside islands and allow waters inside the archipelago to be claimed by the nation who owns it.
2. That all 'international waters' shall be outside the sovereignty of any member nation and that no nation can claim to have sovereignty over them.
3. That all nations shall have in or above international waters, unless in a Maritime Preservation Zone:
a) Freedom to fish in designated fishing areas, subject to UN quotas.
b ) Freedom to fly
c) Freedom of navigation
d) Freedom to lay cables, pipelines and underwater installations, unless in a Maritime Preservation Zone
4. That a UN Commission be established to determine areas of outstanding marine beauty or high ecological sensitivity and designate them Maritime Preservation Zones.
5. An International Maritime Standards Bureau will be created to set international rules on navigation, working hours and other matters it deems appropriate to ensure safety at sea.
6. All states can have ships under their flag. Any state may establish a registry for ships permitted to fly their nations flag. These vessels must be duly owned and operated by citizens of the respective country to be allowed to register with said country. No state shall permit the establishment of a "flag of convenience". Any vessel receiving an "SOS" or distress call should render immediate assistance, no matter their country of origin or current war status.
7. All states shall ensure that vessels under their flag are built and kept to proper seaworthy standards, as defined by the International Maritime Standards Bureau.
8. Piracy is prohibited in international and territorial waters.
9. Piracy shall be defined as any illegal acts of violence, detention, theft or damage committed by a private vessel or aircraft, or its crew or passengers, against another vessel or aircraft, or the passengers, crew or property of the latter. "Illegal" will be defined by bilateral diplomacy, with the UN intervening if the two nations cannot agree.
10. That all nations will do their utmost to tackle piracy in international waters.
11. That no nation shall shelter pirates. Nations may only employ privateers (which are defined as pirates who work officially for a government) in a time of declared war.
12. That any flagged warship may board a ship if it has reasonable grounds to believe it is engaged in an international crime, such as but not limited to terrorism, piracy or smuggling. If the search finds nothing, the boarded ship shall be compensated by the warship's nation to a mutually agreeable value. A database of searches shall be kept by the UN to aid law enforcement. On boarding or attacking a vessel, the warship must immediately run up its national colours or the action will be considered an act of piracy.
13. That all nations shall strive to prevent pollution of international waters and harm to marine wildlife, except where the UN has permitted fishing.
14. All UN resolutions affecting member nations also apply to actions carried out by them or their citizens in international waters.
15. All nations with navigable waterways linking their coast and a landlocked country are encouraged to reach agreements on their use by vessels of the latter country.
Votes For: 10,656
Votes Against: 4,684
Implemented: Tue Sep 21 2004
[/quote]
A proposal to repeal a previously passed resolution
Category: Repeal
Resolution: #74
Proposed by: Gruenberg
Description: UN Resolution #74: The Law of the Sea (Category: Free Trade; Strength: Mild) shall be struck out and rendered null and void.
Argument: The United Nations,
OBSERVING that non-UN members outnumber UN members 3 to 1,
ASSERTING that the attempts of "The Law of the Sea" to claim UN jurisdiction over international waters are misguided, impractical, and illegal,
FULLY CONVINCED that the 20 kilometre allotments granted by "The Law of the Sea" are far too small without allowance for the extension of Exclusive Economic Zones, and further that the undefined and vague status of 'scientific research stations' could lead to abuse by unscrupulous nations,
BELIEVING that the allotment of fishing quotas is inefficiently administered by "The Law of the Sea", but now falls under the jurisdiction of the UNCoESB,
APPALLED at the extensive bureaucracy created by "The Law of the Sea", which would be largely rendered ineffectual by the presence of non-UN navies, and the lack of legislation governing relations between these and UN navies,
CONCERNED by the conflict between the obligations of ships under "The Law of the Sea", and of declared neutral ships,
DEPLORING the designation of definition of piracy to bilateral definition, which would in fact allow ships at will to disrupt trade, in effect fuelling, rather than preventing, international piracy,
NOT BELIEVING 'reasonable grounds' is sufficiently defined to prevent arbitrary, aggressive boarding of ships, and appalled at the breach of confidentiality created by the UN database of searches,
DISREGARDING the claim that the UN can designate no-fishing areas, given the presence of non-UN fishing boats,
DISBELIEVING the sweeping nature of "The Law of the Sea", in attempting to connect a number of entirely separate concerns, such as international security and ecology, to be a productive approach to internationally binding legislation,
FULLY CONDEMNING "The Law of the Sea" for attempting to assert UN jurisdiction over international territory:
1. REPEALS "The Law of the Sea";
2. IMPLORES the General Assembly to ensure speedy replacement of certain admittedly important aspects of "The Law of the Sea" concerning the sovereignty of territorial waters, and its well-intentioned but ineffectively and dangerously executed attempts to combat piracy.
Voting Ends: Fri Jan 20 2006 [/quote]
The original resolution reads:
Quote: UNITED NATIONS RESOLUTION #74
The Law of the Sea
A resolution to reduce barriers to free trade and commerce.
Category: Free Trade
Strength: Mild
Proposed by: Serconea
Description: The United Nations,
RESOLVES:
1. That all areas of sea more than 20 kilometres from an internationally recognised settled landmass or scientific research station are described as international waters. The UN may permit archipelagos to have the 20 kilometre limit start from the outside islands and allow waters inside the archipelago to be claimed by the nation who owns it.
2. That all 'international waters' shall be outside the sovereignty of any member nation and that no nation can claim to have sovereignty over them.
3. That all nations shall have in or above international waters, unless in a Maritime Preservation Zone:
a) Freedom to fish in designated fishing areas, subject to UN quotas.
b ) Freedom to fly
c) Freedom of navigation
d) Freedom to lay cables, pipelines and underwater installations, unless in a Maritime Preservation Zone
4. That a UN Commission be established to determine areas of outstanding marine beauty or high ecological sensitivity and designate them Maritime Preservation Zones.
5. An International Maritime Standards Bureau will be created to set international rules on navigation, working hours and other matters it deems appropriate to ensure safety at sea.
6. All states can have ships under their flag. Any state may establish a registry for ships permitted to fly their nations flag. These vessels must be duly owned and operated by citizens of the respective country to be allowed to register with said country. No state shall permit the establishment of a "flag of convenience". Any vessel receiving an "SOS" or distress call should render immediate assistance, no matter their country of origin or current war status.
7. All states shall ensure that vessels under their flag are built and kept to proper seaworthy standards, as defined by the International Maritime Standards Bureau.
8. Piracy is prohibited in international and territorial waters.
9. Piracy shall be defined as any illegal acts of violence, detention, theft or damage committed by a private vessel or aircraft, or its crew or passengers, against another vessel or aircraft, or the passengers, crew or property of the latter. "Illegal" will be defined by bilateral diplomacy, with the UN intervening if the two nations cannot agree.
10. That all nations will do their utmost to tackle piracy in international waters.
11. That no nation shall shelter pirates. Nations may only employ privateers (which are defined as pirates who work officially for a government) in a time of declared war.
12. That any flagged warship may board a ship if it has reasonable grounds to believe it is engaged in an international crime, such as but not limited to terrorism, piracy or smuggling. If the search finds nothing, the boarded ship shall be compensated by the warship's nation to a mutually agreeable value. A database of searches shall be kept by the UN to aid law enforcement. On boarding or attacking a vessel, the warship must immediately run up its national colours or the action will be considered an act of piracy.
13. That all nations shall strive to prevent pollution of international waters and harm to marine wildlife, except where the UN has permitted fishing.
14. All UN resolutions affecting member nations also apply to actions carried out by them or their citizens in international waters.
15. All nations with navigable waterways linking their coast and a landlocked country are encouraged to reach agreements on their use by vessels of the latter country.
Votes For: 10,656
Votes Against: 4,684
Implemented: Tue Sep 21 2004
[/quote]
