Post by IAPA Admin on Dec 7, 2014 18:01:53 GMT -5
International Arbitration
and Peace Association
CHARTER
A wretched child cried out to the night sky
"Please. All seems lost.
We have no water. We have no food.
They come to claim our world the morrow."
What worth is there to the creature
That walks proud amongst those very stars
If no sympathy in it can be found
Nor determination mustered
To help the child that dares hope
In the dim light?
"Not by force but by understanding"
"Please. All seems lost.
We have no water. We have no food.
They come to claim our world the morrow."
What worth is there to the creature
That walks proud amongst those very stars
If no sympathy in it can be found
Nor determination mustered
To help the child that dares hope
In the dim light?
"Not by force but by understanding"
Article I
Objectives
The International Arbitration and Peace Association (herein referred to as the IAPA) is an intergovernmental organization established to promote international co-operation between all nations regardless of tech level, species, or ideals. Financed by assessed and voluntary contributions from its member states, its objectives include maintaining international peace and security, promoting speciotarian rights, fostering social development, protecting the environment, and providing speciotarian aid in cases of famine, natural disaster, and armed conflict. It achieves these aims through dialog and action.
Article II
Membership
Membership
Section 1 - Application and Acceptance of Membership
All members are sovereign and equal. Member nations must settle disputes with peaceful methods. Member nations are expected to assist the IAPA when called upon. The IAPA is not required to interfere in domestic issues in any nation. Membership shall be open to all progress-loving nations that accept the obligations contained in this Charter and, in the judgment of the Organization, are able and willing to carry out these obligations. Nations are permitted to contain any species [and must function at Post Modern Tech level or higher]. Any member of the Prime Assembly has to the authority to nominate a nation for membership, and any nation may apply for membership individually; Membership is voted upon by the Chambers Council (Chambers).
Section 2 - Membership Requirement
Member Nations will not engage in acts that are in violation of the objectives of the IAPA nor shall they engage in wanton acts of violence or cruelty against sophont species; Member Nations shall not hinder existing missions; Member Nations shall not actively deploy Weapons of Mass Destruction upon their citizens or other nations without just cause.
Section 3.1 - Membership Application Process IC
The following process will be utilized.
- Any nation which desires to become a Member shall submit an application to the Secretary-General's office via the online forum. Application questions must be answered truthfully; perceived negative qualities do not necessary result in denial. The application is a formal document stating the the applicant nation accepts the obligations contained in the Charter and agrees to bide by them.
- The Secretary-General will send a copy of the application to the Chambers Council and Security Council.
- The Security Council may weigh in at this time to voice objections. If the Security Council does not in a timely manner recommend the applicant nation for membership or postpone the consideration of the application in order to obtain more information, the Chambers Council may elect to vote without its input.
- The Chambers Council shall vest an applicant nation to consider whether the applicant is able and willing to carry out the obligations contained in the Charter. This may include a review of the nation's history or a discussion with its leadership. Two Thirds majority of the Chambers Council members present and voting are required for admission. The Security Council may weigh in at this time to voice objections.
- The Secretary-General shall keep the applicant nation abreast of matters, and will inform the applicant nation of the Chambers Council decision. Applications must be reviewed and replied to in a timely manner, with applications waiting no more than three weeks for an answer or contact for clarification. If the application is approved, membership shall become effective on the date on which the Chambers Council makes its decision. Membership in the IAPA is perpetual with no need to renew unless nation is returning from suspension.
Section 3.2 - Membership Application Process OOC
Whereas the IAPA is attached to a nation simulation game, the player themselves is to be taken into consideration. Players known for thread disruptions, frequent correction by the NS Moderator team, poor sportsmanship, numbers wanking etc may be denied participation. Application denials based on OOC behaviors will not be made public; the IAPA puppet account will contact the applicant via the NS Telegram System to explain.
Section 4.1 - Membership Suspension or Revocation IC
Membership in the IAPA is a privilege. Membership will be suspended or revoked if a NATION is found to have falsified or omitted information on its application which would otherwise cause it to be denied; if a nation is found to engage in practices contrary to official missions, especially by hindering the mission through unscrupulous means; if a nation's conduct determined to be so poor that it becomes detrimental to the IAPA's aims; or if a nation fails to attend all votes within a quarter (abstaining from vote is permissible). Membership Suspension shall be voted upon by the International Arbitration Council (IAC); Revocation of Membership shall be voted upon by the Prime Assembly (PA).
Section 4.2 - Membership Suspension or Revocation OOC
Membership in the IAPA is a privilege. Membership will be suspended or revoked if a PLAYER causes too much thread disruption; engages in unsportsmanlike conduct or conduct that violates the OSRS; ignores repeated warnings regarding poor behavior, or undertakes actions to purposefully attack another player. Membership Suspension and Revocation of Membership are at the whim of the FOUNDING PLAYERS and after all other solution attempts have been exhausted. Suspensions and Revocation will be announced via NS Telegram to the offending player. The Original Poster (OP) of any OOC or IC RP thread is, per the NationStates OSRS, permitted to ask any player to leave their "owned" thread; offending players must comply.
Section 5 - Permanent Membership
Permanent Membership in the IAPA is granted to founding nations. These nations are: The Confederation of Agymnum (CA); The Technocracy of Cerillium (TC); The Pristine Outerworlds of Mincaldenteans (POM); The Greater Nifidium Convocation (GNC) via The Glorious Borderlands of Swith Witherward (GBSW); The Transgravitas Directorate (TGD).
Section 6 - Spacefaring Nations IC
Although the preponderance of Member Nations are capable of superluminal travel, the IAPA does not exclude those nations on the cusp of it. The IAPA provides transport for those nations's delegates and mission staff who would otherwise be encumbered by distance and time.
Article III
Categories and Committees
Categories and ad hoc committees may be added upon the recommendation of the Secretariat and/or Chambers Council, and through a 2/3 majority vote by Prime Assembly member nations in attendance.
Article IV
Physical Framework
Section 1 - Establishment of Councils
The IAPA shall be comprised of five Councils: Prime Assembly, Chambers Council, International Arbitration Council, Security Council, and Secretariat. Subsidiary Bodies may be formed by these Councils but such Bodies will not replace any Primary Council or that Primary Council's functions.
Section 2 - Establishment of Location
The IAPA and all its Primary Councils shall be located on the Pax Concordia Space Station, Tribus Sector.
Section 3 - Establishment of Time
The IAPA uses an Earth-centric date and time due to the majority of species recognizing it. All time and date conversions are to therefore reflect Earth's Coordinated Universal Time (EUTC) is the basis for civil time. This 24-hour time standard is kept using highly precise atomic clocks combined with the Earth's rotation. Times and date stamps are based on the Greenwich Mean Time Zone (GMT or Zulu).
Section 4 - Establishment of Language
English, Latin, Thade and Nifendaer are the official and the working languages of the Prime Assembly, and its committees and its subcommittees. Speeches made before the Prime Assembly or varied committees shall be translated into these four languages; speeches may be made in a language other than the languages of the Prime Assembly however the nation making such must provide interpretation/an interpreter.
Article V
The Prime Assembly
The Prime Assembly
Section 1 - Scope
The Prime Assembly (PA) shall oversee the overarching IAPA's budget, appoint the non-permanent members to the Security Council, receive reports from ad hoc committees, and make recommendations in the form of Prime Assembly Resolutions [PAR]. The Prime Assembly meets under its President in regular sessions where it weighs in on recommendations on peace and security, budget, referendums and such. Two-thirds majority of those present and voting is required for an issue to pass. The Prime Assembly can discuss any topic within the scope of the IAPA, and can refer matters/nations to the Security Council. Each Member Nation is permitted one vote regardless of nation size or number of representatives. Prime Assembly meetings are called and presided over by the Secretary General either in person or at their request via the Prime Assembly President.
Section 2 - Composition
The Prime Assembly shall consist of all Member Nations within the IAPA. This Council is the only one in which all member nations have equal peer-to-peer standing. Nations shall assign at minimum one representative from their nation, at maximum three representatives. Members must be legal adults at the time of appointment or a minimum of twenty-one (21) years of age if human or a minimum of seventy-one (71) years of age if thade.
Section 3 - Prime Assembly President
The Prime Assembly shall elect a President each year during its annual symposium.
Article VI
Chambers Council
Chambers Council
Section 1 - Scope
The Chambers Council (CC) responsibilities include: coordinating the social and speciotarian work of various committees and commissions set up under their banner (i.e. the Council on Sophont Welfare, or the Trust Territory Council); membership approval; function as a bridge between all sapient life by providing a forum for discussing international social issues.
Section 2 - Composition
The Chambers Council shall contain six representatives; it is permissible to have less than six . It is overseen by the Chambers President.
Section 3 - President
The Chambers President shall be nominated by the Prime Assembly and voted upon by members of the Chambers; a current Chambers representative may run for this position if nominated.
Section 4 - Methodology
Peaceful cooperation among nations is based upon and fostered by respect for the principle of equal rights and self-determination. In order to promote and maintain conditions of stability and well-being, the IAPA shall promote international cultural and educational co-operation. It shall strive to promote universal tolerance for, and observance of, species rights and fundamental freedoms for all without species, gender, class, religious or other distinction. All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of these aims.
The Chambers Council may initiate studies and formulate reports with respect to international economic, social, cultural, educational, health, and other related matters. It may bring these matters to the attention of the Prime Assembly, to the Members of the International Arbitration and Peace Association, and to the specialized agencies concerned, as well as provide its recommendations for solution. It may draft conventions for submission to the General Assembly, or may call international conferences regarding matters that fall within its jurisdiction.
The Chambers Council may furnish information to the Security Council and shall assist the Security Council upon its request.
The Chambers Council shall set up commissions for the promotion of species rights, and such other commissions as needed in determination for the performance of its functions. Any Member of the IAPA is permitted to participate, without vote, in its deliberations on any matter of particular concern to that Member.
Section 5 - Special Agencies
The Chambers Council may form agreements with agencies. Said agreements are subject to the Prime Assembly's approval. The terms must be defined prior to bringing any agency into a relationship with the IAPA. The various agencies thus brought into relationship with the IAPA are hereinafter referred to as specialized agencies. The Chambers Council shall make recommendations for the co-ordination of the policies and activities of these specialized agencies.
Article VII
International Arbitration Council
International Arbitration Council
Section 1 - Scope
The International Arbitration Council (IAC) shall be the judicial body of the IAPA. It is charged with settling legal disputes submitted to it by nations, and avails itself towards providing an advisory opinion on any legal question within its jurisdiction. The Prime Assembly or the Security Council, and other Prime Councils and specialized agencies may also request advisory opinions of the Court on legal questions arising within the scope of their activities. If nations fail to comply with IAC decisions, matters are turned over to Security Council which shall, if requested, advise the Prime Assembly on a potential threat to international peace.
Section 2 - Composition
Fifteen judicial seats shall be distributed by Ad Hoc Committee. Judges are elected to one-year terms by the Prime Assembly and the Security Council from a list of persons nominated by Member Nations. Elections are staggered with five judges elected every six years, in order to ensure continuity within the court. The International Arbitration Council is headed by a Chief Justice appointed by current members of the that prime council from within their cadre.
Section 3 - Methodology
Each Member of the IAPA undertakes to comply with the decision of the International Arbitration Council in any case to which it is a party. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment.
Nothing in the present Charter shall prevent Member Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.
Article VII
Security Council
Security Council
Section 1 - Scope
The scope of the Security Council is heavily based upon predecessor organizations, to include the League of Nations, the United Nations, the Interstellar Initiative Council, and the Multiverse Consortium. Like these predecessor organization, the Security Council (SC) recommends and, at times, oversees procedures for peaceful resolution of a dispute. It is charged with calling upon member nations to assist with peacekeeping missions of Speciotarian nature, and with assuring the safety and security of International Arbitration and Peace Association personnel. The Security Council may adopt compulsory resolutions.
Section 2 - Composition
The Security Council is comprised of the Secretary General, the Prime Assembly President, the Chambers President, and the Chief Justice, along with five officers elected by the Prime Assembly, and one representative from each permanent (founding) nation. As such, it is organized to function continuously.
Section 3 - Methodology and Cohesion
Each member of the Security Council will have one vote. Each member of the Security Council must vote. The Security Council may hold meetings at such places other than the seat of the Organization as in its judgment will best facilitate its work. It may establish subsidiary organs such as an ad hoc legal council if necessary for the performance of its functions.
Any Member of the IAPA which is not a member of the Security Council may participate, without vote, in discussions brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.
Any Member of the IAPA which is not a member of the Security Council or any state which is not a Member of the International Arbitration and Peace Association, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute.
Section 4 - Settlement of Disputes
Recognizing that the continuation of disputes between nations may lead to encroachment upon international peace and security, the Security Council will, when deemed necessary, call upon the parties to settle their dispute. The parties to any dispute will first seek and/or exhaust all options of resolution by negotiation, inquiry, mediation, conciliation, arbitration, or judicial settlement, or resort to regional agencies other peaceful means of their own choice. The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.
Any Member of the IAPA may bring any dispute to the attention of the Security Council or of the Prime Assembly. A state which is not a Member of the IAPA may bring to the attention of the Security Council or to the Prime Assembly any dispute to which it is a party of and, if it accepts in advance, for the purposes of the dispute, the obligations of an equitably peaceful settlement provided and stipulated in the present Charter.
The Security Council may, at any stage of a dispute, recommend appropriate procedures or methods of adjustment or course of action. The Security Council will take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties. The Security Council should also take into consideration that legal disputes should - as a general rule - be referred by the parties to the IAC in accordance with the provisions of the Statute of the Court.
Should the parties to a dispute fail to settle it, they shall defer to the Security Council for resolution and appropriate course of action. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action or to recommend such terms of settlement as it deem appropriate. Without prejudice, the Security Council may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute.
Section 5 - Threats to peace, breaches of peace, acts of aggression - IAPA Response
The Security Council will determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken to maintain or restore international peace and security. In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of IAPA to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, interstellar, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Should the Security Council consider that measures provided for would be inadequate or have proved to be inadequate, it may take such action by air, sea, land, or space forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the IAPA.
Section 6 - Military Resources
All Members of the IAPA , in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Security Council. They shall be concluded between the Security Council and Members or between the Security Council and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.
When Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.
In order to enable the Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined, within the limits laid down in the special agreement or agreements by the Security Council with the assistance of the Military Committee.
At no time will the International Arbitration and Peace Association maintain a standing army nor will it accept donations of personnel, equipment, weapons, or transport ships without cause.
Section 7 - Military Staff Committee
Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.
There shall be established a Military Staff Committee to advise and assist the Security Council on questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament. The Military Staff Committee consist of the Chiefs of Staff of the permanent members of the Security Council or their representatives. Any Member of the IAPA not permanently represented on the Committee shall be invited by the Committee to be associated with it when the efficient discharge of the Committee's responsibilities re- quires the participation of that Member its work. The Military Staff Committee be responsible under the Security Council for the strategic direction of any armed forces paced at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently. The Military Staff Committee, with the authorization of the security Council and after consultation with appropriate regional agencies, may establish sub-committees.
Section 8 - Pax Concordia Security Forces
Each Member Nation shall provide a contingent of troops to the International Arbitration and Peace Association Headquarters located on the Pax Concordia State. This force shall be commanded by the IAPA's security team and under the direct oversight of the Security Council. The Pax Concordia station itself and its operations remain in the control of the Pax Concordia Council (PCC). IAPA Station Security Forces may take no action that jeopardizes the citizenry of the station nor that supersedes laws played by the PCC.
Section 9 - Other Provisions
The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the IAPA or by some of them, as the Security Council may determine. Such decisions shall be carried out by the Members of the IAPA directly and through their action in the appropriate international agencies of which they are members.
The Members of the IAPA shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council. If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the IAPA or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.
Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the IAPA , until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
Article VIII
The Secretariat
The Secretariat
Section 1 - Scope
The Secretariat is the Administrative body of the IAPA. Its functions include the publishing all of treaties and international agreements that the IAPA makes, the translating speeches and documents into the IAPA's official languages, the administrating various programmes established by the various Prime Councils, and the arranging of international conferences.
Section 2 - Composition
The Secretariat shall be composed of a Secretary General assisted by a staff of international civil servants galaxy-wide. They serve for one year.
The Secretary General's duties will include helping resolve international disputes, administering peacekeeping operations, organizing international conferences, gathering information on the implementation of Security Council decisions, and consulting with member governments regarding various initiatives.
Key Secretariat offices in this area include the Office of the Coordinator of Speciotarian Affairs and the Department of Peacekeeping Operations, which are designed to be the workhorses providing support for the Councils to which they correlate.
The Secretary General may bring to the attention of the Security Council any matter that, in the Secretary General's opinion, may threaten international peace and security. The Secretary General acts as the de facto spokesperson and leader of the IAPA. They can be nominated by any Member Nation but they are selected and appointed by the Security Council.
Article IX
Amendments
Amendments
Amendments to the present Charter shall come into force for all Members of the IAPA when they have been adopted by a vote of two thirds of the members (present at the time) of the Prime Assembly and ratified in accordance with their respective constitutional processes by two thirds of the Members of the IAPA, including all the permanent members of the Security Council.
Article X
Ratification
Ratification
IN FAITH WHEREOF the representatives of the Governments of the International Arbitration and Peace Association (IAPA) have signed the present Charter at Pax Concordia, Tribus Sector, the first of July, two thousand and fourteen Earth Standard.