The North Pacific Legal Code

Discussion in 'Legal Documents' started by Grosseschnauzer, Dec 18, 2007.

  1. Grosseschnauzer

    Grosseschnauzer TNPer

    Messages:
    7,613
    This is no longer operative, see the new code for current law.

    THE NORTH PACIFIC LEGAL CODE

    TNP Law 1
    Oath of Office

    Section 1: Scope of Effect

    1 - All government officials, including the WA Regional Delegate, all Cabinet members, elected or appointed, shall be required to take the Oath of Office listed in Section 2 of this Act before assuming their elected or appointed role within the government of The North Pacific.

    2 - All government officials, as listed in Clause 1 of this Section, shall be required to take the Oath of Office listed in Section 2 of this bill within one week of assuming office. Any government official that fails to do so within the allotted time shall be subject to removal from office following a vote on a motion to recall in accordance with the Constitution of The North Pacific.

    Section 2: Oath of Office

    The following Oath of Office shall be required for all Government Officials, as according to Section 1 of this Act:

    Section 3: Penalties for Violation

    1 - This Oath shall be binding on all government officials as previously covered, and violations of said Oath may be grounds for a motion for recall in accordance with the Constitution of The North Pacific.

    TNP LAW 2
    Official Flag

    SECTION ONE.
    The following flag, as designed by ThelDRan, is adopted as the official flag of The North Pacific:

    [​IMG]

    SECTION TWO.
    This Act shall be effective upon its adoption.

    TNP LAW 14
    Wartime Provisions

    Section 1: Wartime Provisions

    No player maintaining a nation in a region at war with TNP may maintain a nation within TNP, or participate in the governance thereof, for the duration of hostilities. Any player found doing so will be stripped of membership in the Regional Assembly and subject to banishment from the region. A "region at war" is any region which has made a formal declaration, or made acts of war against The North Pacific, or vice versa, as deemed by decision by a majority of the Regional Assembly. War does not constitute actions taken by or against the North Pacific Army unless the conflict meets the conditions above. A state of war exists until a formal peace treaty, surrender terms, or similar, is/are recognized.


    TNP LAW 22
    Enumeration of Prohibited Acts

    The following acts shall be illegal for Nations of The North Pacific, in both the NationStates region "The North Pacific" and on the off-site forum, unless specifically specified otherwise.

    Section 1: Treason
    A - "Treason" is defined as taking arms or providing material support to a group or region for the purpose of undermining or overthrowing the lawful government of The North Pacific or any of its treatied allied groups and regions as governed by the Constitution and the Bill of Rights.
    B - Exceptions may be given to members of the military and intelligence services of The North Pacific, with the consent of the Delegate and the appointee of the Delegate who commands the military or intelligence services of The North Pacific. This exception is only valid when on officially sanctioned missions for the purposes of perserving Regional security and the Constitution and the Bill of Rights.

    Section 2: Espionage
    A - "Espionage" is defined as the use of a Nation or Persona within The North Pacific for the purpose of gathering information for a group or region not officially sanctioned by the lawful government of The North Pacific as governed by the Constitution and the Bill of Rights.
    B - The information gathered must be of a nature that a person that has not registered on the official forums or has not attained Regional Assembly status would be unable to access it without circumventing real-life legal means.
    C - Exceptions may be given to members of the military and intelligence services of The North Pacific, with the consent of the Delegate and the appointee of the Delegate who commands the military or intelligence services of The North Pacific. This exception is only valid when on officially sanctioned missions for the purposes of perserving Regional security and the Constitution and the Bill of Rights.

    Section 3: Sedition
    A - "Sedition" is defined as an intentional attempt on the official forums or within the NationStates region "The North Pacific" to incite the Nations of The North Pacific to revolt in a manner not sanctioned by the Constitution and the Bill of Rights.

    Section 4: Election Fraud
    A - "Election fraud" is defined as the willful deception of voters or residents of The North Pacific with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.
    B - "Impersonation" is defined as behavior that fraudulently assumes or acts the character of an extant or former nation or otherwise fraudulently pretends to represent any part or whole of The North Pacific and its government.

    Section 5. Crashing, Phishing, or Spamming
    A. Definitions
    As used in this Section:
    “Crashing” refers to any unauthorized action which could cause a forum to go out of service or lose information, including the deletion of posts, the deletion of a forum, spamming, or any other act of such kind.
    “Forum” refers to the official offsite forums of The North Pacific.
    “Off-site property” refers to any forums, websites or Wiki pages owned or maintained by resident citizens of The North Pacific, or any other Nationstates nation, organization or region, outside of nationstates.net.
    “Phishing” refers to any attempts to gain access to off-site property controls or passwords by deception, especially by posing as administrators or moderators for any unauthorized use. This includes the collection of personal information kept at the Forum.
    “Spamming” refers to any action undertaken by non-region nationals to waste space on the Forum forums or to cause forums other off-site property to crash. This includes any attempts to force a DOS error on forums and any attempts to flood the RMB of a region which is not that nation’s normal abode.
    B. Prohibited Acts
    1. All forms of forum crashing, spamming and phishing are prohibited and may be punished as criminal acts.
    2. No Nation of The North Pacific may order, condone, or accept as legal, those acts prohibited by Clause 1 of this subsection.
    3. Punishment for the commission of these prohibited acts may include any penalty deemed appropriate by law, including ejection or banning by the Delegate, or restrictions or banning by official forum administration, or both.


    TNP LAW 23
    Holidays

    Cognizant of the role of shared national events in shaping and maintaining the culture of a region, and mindful of the importance of a region's history and the lessons it may contain, The North Pacific hereby recognizes the following annual holidays.

    1. The first day of January shall be known as Remembrance Day, and shall provide an occasion for Nations to reflect upon and remember those players who have left the region and the game of Nationstates.

    2. The twenty-sixth day of May shall be known as Manumission Day, and shall provide an occasion for Nations to commemorate the end of the delegacy of Pixiedance, and celebrate the return of a democratic government to the region.

    3. The seventh day of July shall be known as Constitution Day, and shall provide an occasion for Nations to commemorate the ratification of the Constitution of the North Pacific.

    4. The twenty-eighth day of July shall be known as Liberation Day, and shall provide an occasion for Nations to commemorate and celebrate the overthrow of Great Bight, and the return of a native government to the region.

    5. The thirteenth day of November shall be known as Creation Day, and shall provide an opportunity for Nations to commemorate and celebrate the establishment of that first and greatest of games, Nationstates; as well as provide an opportunity to enjoy and extend fellowship to our counterparts throughout the NationStates communities.

    6. The twenty-third day of November shall be known as Founders' Day, and shall provide an opportunity for Nations to commemorate and celebrate the establishment of the first official forum of The North Pacific, and the establishment through it of the community which has kept The North Pacific as the preeminent region in Nationstates.

    TNP LAW 26
    Election Dates and Procedures

    This law provides for the election schedule and procedure for the offices and elections prescribed in Article I, Section Three of the Constitution of The North Pacific, or other elected offices created by law.

    "Absentions" are not votes for or against any candidate, and may not be used to determine the results of any election. They may be used to signify a voter's presence for quorum, activity, or other purposes.

    “Candidates” are those individual members of the Assembly who either declare themselves, or who have accepted a nomination by another Assembly member preceding the close of nominations, as a candidate for an office or position to be chosen at that election. Candidates may only stand for one office or position during a given Election Cycle.

    “Election Commissioner” is the individual designated under this Law to oversee and supervise a given general or judicial election. No one who may be a candidate in an election may serve as an Election Commissioner during that election. More than one Commissioner may be designated.

    “Election Cycle” is defined as the period of time that begins on the first day on which nominations, or a declaration, of candidacy are made, includes all voting periods, and concludes with the final declaration of results for an election. The exact dates for the Election Cycle shall not include any legal holidays provided in Law 23, and those dates shall be designated at least 30 days in advance by The Delegate so as to encourage the greatest level of participation by eligible voters during the designated month.

    "Vacancy" in an office or position occurs when the holder of an elected office or position resigns, is removed, abandons, or is recalled. Vacancies are filled through a special election unless an special election cannot be completed prior to the beginning of the general or judicial election cycle; or in all cases pending an election, however, a vacancy may be temporarily filled as provided by the Constitution, the Legal Code, or by rule adopted by the appropriate body.

    SECTION ONE. General Elections.

    1. The election cycle for the 4-month terms of The Delegate, The Vice Delegate, and The Speaker of the Assembly, shall begin on the first day of the months of January, May, and September.
    2. The Delegate must select one or more Election Commissioners to oversee the nomination and election processes, at least one week before the month in which the Election Cycle begins. If an appointment of Election Commissioners has not been made by that time, the Chief Justice shall promptly make the appointment within 48 hours.
    3. The period for nominations or declarations of candidacy shall last for seven days.
    4. Voting shall begin three days after the period for nominations or declarations has closed. Voting shall last for seven days.
    5. Non-incumbent candidates for Delegate and Vice Delegate may not obtain an endorsement level during the election cycle greater than the level authorized for members of the Security Council under Law 30.

    SECTION TWO. Judicial Elections.

    1. The election cycle for the 6-month terms of The Judiciary, including the Chief Justice, and the Attorney General, shall begin on the first day of the months of April and October.
    2. The Delegate must select one or more Election Commissioners to oversee the nomination and election processes, at least one week before the month in which the Election Cycle begins. If an appointment of Election Commissioners has not been made by that time, the Speaker shall promptly make the appointment within 48 hours.
    3. The period for nominations or declarations of candidacy shall last for seven days.
    4. Voting shall begin three days after the period for nominations or declarations has closed. Voting shall last for seven days.

    SECTION THREE, Special Elections

    1. A special election shall be held in the event of a vacancy in any elected office or position in accordance with this Law. A special election cycle shall last for no more than fourteen days, which must be completed prior to the beginning of the next election cycle for the vacated office or position.
    2. The Delegate, or if the Delegate is not available, the Speaker, or if the Delegate and Speaker are not available, any Court Justice, shall serve as Election Commissioner for the special election.
    3. The period for nominations or declarations of candidacy in the special election shall last for five days, beginning within two days after the vacancy occurs or is noticed.
    4. Voting shall begin one day after the period for nominations or declarations has closed. Voting shall last for five days.
    5. In all instances, a plurality shall determine who is elected to fill a vacancy. In the event of a tie, the Delegate, or if the Delegate is not available, the Speaker, or if the Delegate and Speaker are not available, any Court Justice, shall cast a tie-breaking vote.

    TNP LAW 27
    Proxy Server Usage Law

    Article I

    Section One

    The use of a proxy server by a forum user to conceal a forum user's host server is declared to be a security risk to the region.

    1. The use of a proxy server by a Member Nation that is a member of The North Pacific military or intelligence services shall require the prior express authorization of said official entity which may be disclosed confidentially to other government officials only in the performance of their official duties.

    2. Use of a proxy server by a member Nation that applies for Regional Assembly membership is prohibited, and constitutes a criminal offense that may subject the violator to a permanent ban from the regional forum, ejection from the region by the WA Delegate, or both. This provision may be enforced prior to, or subsequent to, a trial in the manner provided by law.

    Section Two

    1. Proxy server usage is defined as the use of an IP connection with the intent of rendering a forum user anonymous, aka proxy spoofing, or any such practice designed to allow a member to have multiple accounts on the TNP forum.


    TNP LAW 28
    Regional Assembly Registration and Membership

    Article I

    Membership Requirements

    Section One

    Membership in The North Pacific Regional Assembly does not require WA membership, in accordance with the TNP Bill of Rights.  However, the following requirements must be met and confirmed for membership.

    1. Assembly member applicants must maintain a nation in The North Pacific.

    2.  Each member Nation will by oath, abide by the Constitution of The North Pacific and The North Pacific Legal Code.

    3.  Each member Nation shall refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific.

    4.  Each member Nation shall refrain from giving assistance to any nation or region against which The North Pacific is taking defensive or enforcement action. Exceptions shall be given to Nations acting with official authorization of the North Pacific Army or Intelligence Agencies, and is subject to the consent of the Cabinet.

    5.  The use of a proxy server by an applicant for Regional Assembly member status is grounds for automatic denial of Regional Assembly member] application.

    a. Proxy server usage is defined as the use of an IP connection with the intent of rendering a forum user anonymous, aka proxy spoofing, or any such practice designed to allow a member to have multiple accounts on the TNP forum.

    Section Two

    All Assembly applicants are required to post the following Oath, as their application to join. The Oath will be posted by the applicant in the thread provided by the Speaker of The Assembly.
    Article II

    Registrant Processing and Membership Confirmation

    Section One

    The Speaker of the Assembly, or a deputy so appointed by the Speaker, shall be responsible for processing and confirming the Assembly membership of applicants.

    1. The Speaker shall provide and maintain a forum thread for the posting of Assembly applications.

    2. The Speaker or assigned deputy, shall respond to applicant requests within 14 days. Failure to respond to the applicant within the specified period will result in automatic admittance of the applicant to the Assembly.

    3. The Speaker will work with the forum Administrators and any Intelligence information provided to the Speaker, to ensure applicant compliance with membership eligibility.

    4. The Speaker or assigned deputy will be responsible to maintain and post an updated list of Assembly members. The list shall be updated no less than once a month.

    5. No one shall be admitted or re-admitted to the Assembly when a vote is in progress on any legislative matter within the Assembly. Admission shall be effective at the conclusion of such voting.

    6. No one shall be admitted or re-admitted to the Assembly when an election or special election is in progress. Admission shall be effective once the election results are announced.

    Article III

    Member Removal

    In accordance with Article II, Section Three of the Constitution, providing for the removal of unelected government members, the following methods and instances are provided for removal of Assembly members.

    Section One

    Violation of the Constitution or Laws of The North Pacific

    1. Any Assembly member that has been found by due process to be in violation of the Constitution and Laws of The North Pacific shall be removed with immediate effect by The Speaker.

    Section Two

    Inactivity

    1. Assembly members whose nation has CTE'd (Ceased to Exist) or who have moved out of The North Pacific when not on official business shall be removed from membership automatically by the Speaker.

    2. Assembly members who fail to indicate their activity on the forum by posting for over 30 days shall be removed from membership automatically by the Speaker unless a notice of absence was submitted to the Speaker before the absence takes place.

    3. Assembly members who have missed two consecutive votes on any Regional Assembly items shall be removed from membership automatically by the Speaker, unless a notice of absence was submitted to the Speaker before two consecutive votes occur.

    4. As used in this Section.

    A. "Two consecutive votes" are defined as two votes on any items that are conducted at different time intervals of at least 3 days between the start of each vote, but are voted one after another. Votes on two or more items at the same time are not defined as two consecutive votes.

    Section Three

    Proxy Use

    Use of a proxy server by an Assembly member, without specific official TNP permission for Army or Intelligence purpose, is forbidden and is grounds for immediate removal from the Assembly.

    1. Forum administrators shall inform the Speaker in the event that an Assembly member is found to be engaged in the use of a proxy server to access the forum.

    2. Upon notification, the Speaker shall immedately remove the offending member from the Assembly.

    TNP LAW 29
    Freedom of Information Act

    Preamble: whereas the security and freedom of the North Pacific go hand in hand:

    Section 1:
    a) The North Pacific government exists specifically to serve the people of the region and to act in the best interest of all resident nations of The North Pacific.

    b) The Delegate and the Executive officers appointed by him or her shall be delegated the task of informing the Assembly of any governmental action not already disclosed by the respective officers of the Executive.

    c) All registered citizens and/or governments residing in The North Pacific have the right to request information from the Government through the Delegate and the designated officers of the Executive, and

    d) The Delegate and the designated officers of the Executive shall endeavour to retrieve information requested from the different departments of the government, whom are obligated to release this information provided it will not and/or does not present a threat to regional security, and

    e) Citizens or governments which do not receive this information for any reason not specifically designated in appropriate laws or regulations may file a request for the information in a regional court, where the Delegate and the designated officers of the Executive may present evidence hat addresses any claim that release of the information impairs Regional security.

    f) Information not disclosed because of issues pertaining to Regional security will be classified by the majority vote of the Court sitting as a three-member panel.

    g) Information whose disclosure is deemed a security threat to the Region will be released by the affirmative vote of a majority of a three-member panel of the Court, no sooner than 2 months after the original request, once the threat no longer exists.

    h) All activities by the designated regional intelligence services are exempt from this law.


    TNP LAW 30
    The Security Council Regulation Act

    Section One: Requirements
    1. Members of the Security Council (Council) shall maintain an influence level equal to or greater than Vassal.
    2. Members of the Council shall maintain an endorsement level within the range described in this Section.
    A. The minimum level is defined as being either at least (1) 50 endorsements, or (2) fifty per cent of the serving Delegate's endorsement count.
    B. The maximum level is defined as being either (1) that number of endorsements that is 20 fewer than the serving Delegate’s endorsement count, or (2) no more than eighty-five percent of said count.
    C. Where the computation results in fractions, the count shall be rounded down.
    D. The authorized range is to be applied in a reasonable manner, taking into account such factors as the handover transition between elected Delegates, the recall of an elected Delegate from office, or periods of Delegate inactivity.
    3. Should Council members not meet or exceed the required endorsement level for a period of at least fifteen days, the Vice Delegate is required to act pursuant to Section Two of this Law.
    4. The elected and legitimate Delegate is exempt from endorsement requirements.

    Section Two: Enforcement

    1. The Vice Delegate shall suspend members of the Council who violate the endorsement and influence level requirements of this Act. Suspension takes places if, after a warning by the Vice Delegate, a Council member fails to come into compliance with the endorsement and influence level requirements within a reasonable amount of time specified in the warning, which is usually fifteen days.
    2. The Vice Delegate shall remove members of the Council whose World Assembly nation no longer exists or no longer resides in The North Pacific, resigns from the World Assembly (except as part of a formal redesignation of a resident World Assembly member nation within The North Pacific), or lose their membership (unless exempted) in the Regional Assembly.
    3. The Vice Delegate shall report any suspension or removal of members of the Council to the Regional Assembly in accordance with Article V, Section 3 of the Constitution.
    4. Should a suspended member of the Council comes back into compliance with the endorsement and influence level requirements of this Act, the Vice Delegate shall reinstate the Council member.
    5. A majority of the Council may vote to determine that the continued membership in the Council of a Council member poses a Security Risk to The North Pacific and shall submit such determination to the Regional Assembly for approval to remove that member from the Council. The Speaker shall submit the determination to an immediate vote of the Regional Assembly; approval shall require a two-thirds supermajority vote.

    TNP LAW 31
    Attorney General

    To better serve the region as Chief Prosecutor to prosecute any abuse of power to the fullest extent, the Regional Assembly declares the office of Attorney General be an elected office, to be elected at the same time as the Justices of the Court of The North Pacific in the manner provided by Section Two of Law 26.

    Section 1:
    1) To serve as Attorney General, one must be a member of the Regional Assembly for thirty consecutive days prior to candidacy.
    2) One must not have been convicted of any prior charge.

    Section 2:
    1) The Attorney General is to serve as Chief Prosecutor to all cases brought before the Court of the North Pacific.
    2) The Attorney General is to work within the rules adopted by the Court.
    3) The Attorney General shall serve for six months.

    Section 3:
    1) Should the position for the Attorney General become vacant for any reason, the Chief Justice shall name a replacement for the interim until a special election is held under Section Three of Law 26, or until the next regular judicial election.
    2) It is the duty of the Attorney General to see to completion any proceeding they are prosecuting. If for any reason, should the original Attorney General be unable to complete a pending case, then the interim or elected successor Attorney General shall take over as prosecutor and complete the pending proceedings.
    3) Consistent with paragraph 4 of Section 2 of Article IV of the Constitution, the Attorney General may request a presiding judicial officer to issue an emergency order enjoining an actual or intended Executive action pending prompt further proceedings before the Court. A majority of the three-member panel of the Court may thereafter temporarily enjoin an actual or intended Executive action pending final disposition of the matter either by the Court, or otherwise by an expedited vote of the Regional Assembly within parameters proposed in the request by the Attorney General as set by a Court order under such terms as deemed appropriate under Clause 11 of the Bill of Rights.

    TNP LAW 32
    Legislation Correction Act

    Upon the passage of this law, whenever legislation is enacted by the Regional Assembly, and due to possible oversight, that legislation fails to include a co-ordinated change in the legal documents governing The North Pacific, the following procedure may be used to incorporate any insubstantial change consistent with the enacted legislation:

    A. Any member of the Regional Assembly may notify the Speaker and the Chief Justice of the need for making an change in the governing documents of The North Pacific to reflect the enacted legislation, which was not included in such legislation prior to enactment.
    B. Within three days after notification of an oversight error, the Speaker and the Chief Justice shall compile a list of such items related to a specific enactment that are identified as co-ordinated changes that were not included in the text of the enactment.
    C. That list shall be presented to the Regional Assembly, and unless a Regional Assembly member makes an objection within 72 hours thereafter as to a specific item, the Speaker and Chief Justice shall authorize the corrections for which no objection is given to be made to the official text of the legal documents governing The North Pacific.
    D. Any item on the correction list to which an objection is made shall thereafter be treated as legislation to make such change under normal legislative procedures.
    E. As used in this Law:
    1. “Legal documents governing The North Pacific” refers to the Bill of Rights, the Constitution, the Legal Code, or any rules adopted by any entity as provided under the Constitution or Legal Code, including but not limited to the Delegate, the Regional Assembly, the Court of the North Pacific, and the Security Council.
    2. A “co-ordinated change” that may be included on the correction list include grammatical errors, typographical errors, cross-references, or omitted changes that should have been included in the enacted legislation.

    TNP LAW 33
    Mandatory Ministries Act

    1. There will be an Executive Officer charged with the North Pacific's foreign affairs. They will ensure the continued operation of any embassies of the North Pacific.
    2. There will be an Executive Officer charged with welcoming. They will be tasked with ensuring that nations founded in the North Pacific are appropriately greeted, that newcomers to the regional forum and to regional internet relay chats shall be welcomed and helped with any questions, and with the maintenance of regional FAQs.
    3. There will be an Executive Officer charged with military affairs. They will carry out such legal missions as are authorized by the Delegate, expressly or categorically.
    4. An Executive Officer may sustain multiple roles defined by this Act.
    5. The Regional Assembly may elect an Executive Officer should one of the roles defined by this act remain vacant for seven days or in connection with the Regional Assembly removing the Executive Officer charged with that role.

    As amended through 18 April 2012
    Edited by Eluvatar 20120711 to add red header that this is no longer operative
     
  2. mr_sniffles

    mr_sniffles TNPer

    Messages:
    2,907
    The Azure Articles of Alliance were repealed by the Regional Assembly through their deletion from the Legal Code on 3 December 2010.