AT VOTE: Freedom to Contract [Complete] [Complete]

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Eluvatar

TNPer
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Pronouns
he/him/his
TNP Nation
Zemnaya Svoboda
Discord
Eluvatar#8517
Category: Human Rights
Strength: Strong
Proposed by: Cowardly Pacifists

Freedom to Contract:
Description: The World Assembly:

AFFIRMING that all people have a fundamental right to liberty, which includes the freedom to choose, think, and act as an individual within the confines of socially acceptable behavior;

CONVINCED that a person's freedom to voluntarily and willfully make agreements with others is an important part of their fundamental right to liberty;

BELIEVING that recognition of the freedom to form contractual agreements would improve and promote commercial and social interactions between and within world nations;

HEREBY:

1. DEFINES a "contract" for the purposes of this resolution as "an agreement between two or more persons containing specific terms that the parties intend to be legally binding and enforceable;"

2. DECLARES that any person who a member nation regards as competent to manage his or her own affairs shall be permitted by that nation to freely enter into binding contracts;

3. CLARIFIES that while a person must generally be permitted to contract freely, member nations - either individually or through collective WA action - may regulate certain contracts or agreements within their jurisdiction if doing so is necessary to meet some compelling public policy interest;

4. OBLIGATES Member Nations to provide an enforcement mechanism for valid contracts;

5. PERMITS Member Nations - either individually or through collective WA action - to establish reasonable rules regarding the form required for contracts, including whether certain contracts must be in writing, signed by the parties, and/or notarized by a government official.
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Cowardly Pacifists:
Dear Zemnaya Svoboda:

I am writing to you about a Human Rights proposal that has been submitted for your consideration. I hope you will give it a read and, if it meets your approval, endorse it so it can reach a vote. The proposal text can be found by following this link: page=UN_view_proposal/id=cowardly_pacifists_1339791358

The proposal expands individual rights and liberties by ensuring that mature consenting individuals are permitted to freely make binding agreements (contracts) with one another. The importance of the right to freely make such agreements is often overlooked by those of us who have never had to live in a society where that right is substantially restricted. The proposal balances this important liberty interest with the reality that nations have a strong interest in retricting and even prohibiting certain agreements (like "agreements" to commit a crime, or "agreements" to sell a child). The proposal accounts for this by protecting a nation's ability to regulate the right to make agreements in ways that are necessary to pursue their important policy goals.

On the whole, the proposal will do a lot of good by ensuring that individuals have a general right to make agreements with one another. The proposal went through several drafting sessions before being submitted in its present form. I hope you will apreciate the time and effort that went into ensuring that this proposal would improve world wide rights and liberties while still protecting the ability of nations to pursue their own policies and interests.

If you find the proposal acceptable, I hope you will offer your endorsement so this proposal can be put to the World Assembly at a common vote. Thank you very much!
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Informational Review by the Ministry of World Assembly Affairs::
mowa-seal.png

This is an informational review of the SC Resolution-At-Vote, “Freedom to Contract"” published by The North Pacific's Ministry of World Assembly Affairs for your convenience and consideration.

"Freedom of Contract", The Ministry of World Assembly Affairs finds, upon examination, to be relatively inoffensive. In the sense that what it accomplishes is already accomplished in most member-states and where it hasn't been accomplished it is open to accomplishment with a lot of freedom for states to develop their own policies to resolve this oversight.

Throughout the history of political philosophy, it has been argued since Hobbes that the ability to contract and a proper legal institution established to uphold these contracts is essential to the maintenance of justice, peace and society -- without it, society would easily descend into violence without an institution in place to uphold contracts. Likewise, the preamble of the resolution explains that the right to contract is a liberty that ought not to be unnecessarily curtailed.

Some may oppose this bill however on the basis that the World Assembly shouldn't be meddling in the legal systems of nations, but on the contrary, for the aforementioned reasons, The Ministry of World Assembly Affairs finds there is justification to require this general acceptance of contracts in legal systems all across the world.

On technical analysis, we find the resolution very solid. The resolution essentially permits people to make contracts notwithstanding contracts which may contradict public policy, requires some standards in contract law and finally, demands member-states establish some sort of legal institution capable of upholding contracts.

For these reasons, the Ministry of World Assembly Affairs has (1) recommended that the delegate vote "FOR" Freedom to Contract, and (2) calls upon all member-states in The North Pacific (that's you!) to carefully consider the viewpoints expressed in this informational statement. Thank you.

Yours,
Unibot
Minister of World Assembly Affairs in The North Pacific.
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As an one time contracts professor (and I learned from one of the best) the one flaw I see in this in my first read through is that the definition of a contract is flawed. It creates the anomaly of enforcing as binding an "incomplete" agreement that leaves one or more terms essential to a workable agreement unstated or ambiguous and provides no juridical mechanism to "fill in the blanks" in an reasonable way. A contract though incomplete and formed as a result of a fraud would be enforceable under this definition.
While I applaud the desire to assure that commercial and other agreements be enforceable without undue governmental interference, I have reservations that this device will get us there.
For now, an abstention.
 
One argument in favor that didn't make it into the above document is that this includes international contracts, which might well not be permitted otherwise.

As regards Grosseschnauzer's argument, I think we may wish to include it in the Information For Voters, but I do think that it should be covered by clause 3 which permits reasonable regulations.
 
2 aye, 0 against, 1 abstain

Zemnaya Svoboda's vote for "Freedom to Contract" has been noted.

I'll try and add in Grosse's argument and send out the IFV shortly.

Edit: Sent. IFV text below.
 
Information For Voters:
Current Resolution at Vote:
Freedom to Contract ( http://www.nationstates.net/page=ga )

Summary:
This resolution would define contracts as voluntary agreements between any persons intended to be binding, and require WA nations to enforce contracts (allowing for reasonable regulations).

Ministry of WA Affairs Review
by Minister Unibot III

"Freedom to Contract", The Ministry of World Assembly Affairs finds, upon examination, to be relatively inoffensive. In the sense that what it accomplishes is already accomplished in most member-states and where it hasn't been accomplished it is open to accomplishment with a lot of freedom for states to develop their own policies to resolve this oversight.

Throughout the history of political philosophy, it has been argued since Hobbes that the ability to contract and a proper legal institution established to uphold these contracts is essential to the maintenance of justice, peace and society -- without it, society would easily descend into violence without an institution in place to uphold contracts. Likewise, the preamble of the resolution explains that the right to contract is a liberty that ought not to be unnecessarily curtailed.

Some may oppose this bill however on the basis that the World Assembly shouldn't be meddling in the legal systems of nations, but on the contrary, for the aforementioned reasons, The Ministry of World Assembly Affairs finds there is justification to require this general acceptance of contracts in legal systems all across the world.

On technical analysis, we find the resolution very solid. The resolution essentially permits people to make contracts notwithstanding contracts which may contradict public policy, requires some standards in contract law and finally, demands member-states establish some sort of legal institution capable of upholding contracts.

For these reasons, the Ministry of World Assembly Affairs has (1) recommended that the delegate vote "FOR" Freedom to Contract, and (2) calls upon all member-states in The North Pacific (that's you!) to carefully consider the viewpoints expressed in this informational statement. Thank you.

Delegate's Note

Shortly after the Minister's review, Grosseschnauzer contributed the counter-argument that the resolution would not exclude ambiguous or fraudulent (under false pretenses) contracts, saying "A contract though incomplete and formed as a result of a fraud would be enforceable under this definition," and choosing to abstain. I leave it to you, the voter, to consider whether clause 3 of the resolution would fix this potential problem.

I have, as the Minister has recommended and the voters on the forum have so far voted, lodged an initial vote FOR this resolution. However, I govern my vote by how the regional members vote on the forum ( http://forum.thenorthpacific.org/topic/6924454 ) or by telegramming me.

If anything about this is confusing or annoying, please be unafraid to ask questions or request that I exempt your nation from receiving Information For Voters messages.
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Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
Voting on this resolution has ended.

Thanks to those nations who cast their votes. Your participation is a great help to the region.

This topic has been locked and sent to the Archives for safekeeping. If you would like this topic to be re-opened for further discussion, please contact the WA Delegate, a Global Moderator, or an Administrator for assistance. Thank you.
 
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