Defining Military Documents

Some months back, I started a topic to discuss the implementation of the Embassy Documents amendment and the subsequent Constitutional Clarifications amendment as it related to military agreements. (click here)

It had reached the point of discussion where there was a basis to present a draft proposal for a bill. At that point, RL problems intervened, and I'm only now able to bring this up and proceed with the bill. I'm also quoting the comments I made when I first posted this preliminary discussion draft:. The earlier thread has a extended discussion concerning the existing provisions of the Constitution and the Legal Code on the topic, and since none of it has changed in the interim, I'll let anyone who wants to read it again, to go back to the earlier thread.

I've been working and re-working a draft on this topic.

The bill would replace the existing section 3 of TNP Law 9 with the following.
In order for the process to make more sense, I'm adapting the existing process of section 3. Instead of "approval" by the Minister of Defense, the MoD would "endorse" the proposal. The Security Council would "aprrove" proposed agreements sent to it. And the Cabinet or the Regional Assembly would "ratify" such agreements.

All documents would be presented to the MoD for his/her endorsement. Documents that would be ratified by the Cabinet, or that include a prior authorization for the use of TNP military forces, or that the MoD fails to endorse within five days would need approval of the Security Council (and this would include some agreements that would be ratified by the Regional Assembly).

Finally three categories of military documents would be approved by the Regional Assembly consistent with the current constitutional language:  agreements that create an alliance, entente, or coalition; or that includes any provision that by its terms would have the force of law within The North Pacific; or that has an open-ended term, or a term of a stated period of 90 days or more.

The reason for the third category is very simple: Since the Cabinet term is three months, any Cabinet can easily rescind an agreement approved by a prior Cabinet. The fair way to make such an agreement binding past that 90 days is to have the RA approve it.

So here is the draft.

An bill for an Act revising provisions concerning treaties and agreements concerning military relations.

Section 1.
Section 3 of TNP Law 9 (relating to the Ministry of External Relations), as previously amended by TNP Law 12 on Embassy Documents, is striken and a new Section 3 is enacted, to read as follows:
Section 3. Military Relations
A - Definition. As used in this section, “military relationship document” refers to any treaty, agreement, or other diplomatic document that provides for a military relationship, or the avoidance of military conflict, between The North Pacific and any other region or multi-regional organization. Such documents may provide for non-agression pacts, mutual defense arrangements, military alliances, military co-operation, and joint military operations. Such documents may also include authority for military engagements by The North Pacific forces without further specific authorization by the Cabinet, the Security Council, or the Regional Assembly of The North Pacific.
B - Endorsement by Minister of Defense. Any military relationship document requires the endorsement of the Minister of Defense before it is presented to the Cabinet or to the Regional Assembly for approval. The Minister of Defense shall advise the Prime Minister of his endorsement or his refusal to endorse the document within five days.
C - Approval by Security Council. Whenever such military relationship document:
(1) requires approval by the Cabinet to be ratified, or
(2) such document does not receive the timely endorsement of the Minister of Defense within five days, or
(3) such document includes prior authorization to commit the forces of The North Pacific to any potential military engagement,
then the Security Coucil shall approve such military relationship document prior to ratification by the Cabinet or the Regional Assembly, as appropriate.
D - Ratification by Regional Assembly or Cabinet. Whenever such military relationship document:
(1) creates an alliance, entente, or coalition between the parties to the document; or
(2) includes any provision that by its terms would have the force of law within The North Pacific; or
(3) has an open-ended term, or a term of a stated period of ninety days or more;
then such military relationship document requires ratification by the Regional Assembly in accordance with Article II Section 4 of the Constitution. Any other military relationship document may be ratified by the Cabinet.
E - Posting of Documents. Military relationship documents must be posted in the embassy of the appropriate region or organization within the official Regional off site forum once it is ratified by the Cabinet or the Regional Assembly. Such documents shall also be posted in the legal archives within the official Regional off site forum.
F - Approval of Specific Deployments. Whenever a military relationship document does not authorize specific military deployments by its terms, the Security Council may approve military deployments in appropriate circumstances.
G - Amendment. The Minister of External Affairs or the Prime Minister may propose amendments to an existing military relationship document concerning military relationships.
(1) Where the document originally required Security Council approval, the amendment shall be approved by the Security Council.
(2) Where the document originally required Cabinet ratification, the amendment shall require Cabinet approval, unless the amendment includes a provision that would require Regional Assembly approval. In such instances, the amendment shall require ratification by the Regional Assembly.
(3) Where the document originally required Regional Assembly ratification, approval of the amendment shall require approval by the Regional Assembly.
(4) The Minister of Defense shall have five days to endorse the amendment prior to its submission to the Cabinet, the Security Council, or the Regional Assembly, as appropriate.
G - Withdrawal. The Minister of External Affairs or the Prime Minister may submit a proposal to withdraw or terminate a military relationship document.
(1) Where the document required Security Council approval, withdrawal shall require approval by the Security Council.
(2) Where the document required Cabinet ratification, withdrawal shall require approval by the Cabinet.
(3) Where the document required Regional Assembly approval, withdrawal shall require approval by the Regional Assembly.
 
I like this, a lot. Good draft grosse. When I have more time I will do a more in depth read through to see if I think anything should be added or taken out.

I like this so far.
 
I'll give this four more days before FD, barring any revelations that this secretly allows the undead free reign... :o
 
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