National Sovereignty and the World Assembly
I have written this as a guide to national sovereignty discussions in the World Assembly. It is intended to familiarize players with the various concepts and perspectives that relate to national sovereignty in the NSWA.
Does National Sovereignty Exist in the NSWA?
The answer to that question depends largely on our own preconceptions about what constitutes sovereignty and is complicated by the interaction between game mechanics and roleplay. Many people incorporate a variety of these perspectives and/or concepts into their views. Keep in mind that this has been simplified for brevity.
Statistic Control
For some people, national sovereignty is having complete control over their national statistics. For them, national sovereighty is a quality that you have or do not have, and there are no degrees to which national sovereignty exists and/or does not exist. In their case, there is no national sovereignty if you are a member of the World Assembly and are affected by the stastistical changes wrought by the NSWA.
Policymaking Through Daily Issues
For others, national sovereignty is the ability of their nation to make its own policy through daily issues. For them, national sovereignty is a quality diminished only by an inability to make policy in a particular area. Even if they are members of the World Assembly, they are still allowed to make their own policy through daily issues and thus they still have national sovereignty.
Roleplay Control
For some players, most of whom feel obligated to abide by the conventions of good roleplay by not godmoding, their ability to control completely their nation's policies through roleplay is what constitutes national sovereignty. Because the text of a NSWA resolution functions in the realm of roleplay and it is considered by the community to be godmoding to ignore that text, and for these players national sovereighty is a quality that you have or do not have, and there are no degrees to which national sovereignty exists and/or does not exist. In their case, there is no national sovereignty if you are a member of the World Assembly and are affected by the roleplay changes wrought by the NSWA.
Policymaking Through Roleplay
For many players who are NSWA members, most of whom feel obligated to abide by the conventions of good roleplay by not godmoding, their ability to set their nation's policies through roleplay is what constitutes national sovereignty. Because the text of a NSWA resolution functions in the realm of roleplay and it is considered by the community to be godmoding to ignore that text, these players have their national sovereignty diminished to some degree when the NSWA passes legislation. For these players, national sovereignty only extends so far as the NSWA has not legislated on an issue.
Common Mistakes
Here are some of the more common mistakes that are made in national sovereignty discussions.
RL UN=NS WA?
Occasionally the WA forum gets treated to a diatribe on how the RL (real-life) United Nations works. Usually such diatribes are immediately followed by arguments that the NationStates World Assembly should work the same way as the RL United Nations. Sometimes the persons will even cite the RL United Nations Charter, or use other RL United Nations resources to back up their claims. Unfortunately for such persons, NationStates is a role-playing game, and does not recognize RL resources except as aids to debate (whether over appropriate role-play conventions or ethical and legal concerns).
Power of the NationStates World Assembly
Far too often persons will enter the WA forum and argue that the NationStates World Assembly does not have the power to enact the legislation that has been passed. As it happens, the NationStates World Assembly actually does have that power. If you are a member of the World Assembly during the period in which the resolution is coded, then the national statistics for your nation are changed according to the nature of the resolution. This is built into the very structure of the game, and there is nothing that can be done about it. However, if you are not a member of the World Assembly during the time period in which the resolution is coded, your national statistics are not changed. Even so, you are expected to act as if your nation is in compliance with the legislation for the purposes of role-play. One can role-play defiance of the legislation, but be prepared to do a proper job of it or be accused of
wanking or
godmoding (follow the links for explanations on wanking and godmoding), and possibly derided and ignored altogether. One fairly common and widely accepted method of roleplaying defiance of resolutions is to take advantage of the often ambiguous and/or undefined nature of the resolutions and define certain key terms such that the effects of the resolution are nullified or made negligible.
Arguments Related to National Sovereignty
I have been here for some time now, and have noticed that national sovereignty is a topic that is oft-debated and hotly contested here in the World Assembly forum. Many arguments get thrown around and it can often seem like there are as many arguments on the issue as there are people debating it. However, I have identified several common threads in these arguments, and think it would be useful to compile them in one handy guide to national sovereignty discussions. Hopefully, someone will actually read this guide before going on at length about how terrible the World Assembly is for violating their national sovereignty, and thereby save us all some time. There is no one absolutely correct argument that I know of, so keep this in mind in your future discussions on the issue. You may have simply agree to disagree with other posters and leave the issue of national sovereignty alone.
Debates over the appropriate scope of national sovereignty take many forms. Some are related to the IC (In-Character) aspects of NationStates and others are related to the OOC (Out-Of-Character) aspects of the game. Often terms such as
domestic and
international are used to indicate different types of policy, legislation, or law. Most arguments support a particular degree to which national sovereignty should be upheld or not upheld, but some persons will hold to multiple arguments (or versions thereof) so it can become difficult to pinpoint a person's position on the issue. There are other arguments than those which are listed below, but I have only included the more commonly used arguments on both sides of the issues.
Arguments Related to Game Mechanics
Below are two common arguments related to issues of game mechanics. One of the arguments is for limited national sovereignty, and the other suggests that national sovereignty does not exist in the NSWA.
Daily Issues Argument
One of the more common OOC arguments for national sovereignty (limited or extensive) is that having the NationStates World Assembly legislate in certain areas is redundant because there are already daily issues that allow the nations to make legislation on that issue. Many proponents of this argument have also said that such redundancy takes the fun out of the game, which is deciding how to run your own nation.
Fatalistic Argument
A common OOC argument for the sovereignty of the NationStates World Assembly is that due to the nature of game mechanics, it already by its very nature violates national sovereignty. Essentially, persons using this argument often suggest that because of the fact that the passage of a resolution by the NationStates World Assembly always impacts your nation (as indicated by the FAQ), you give up all national sovereignty upon joining the World Assembly, and therefore it is useless to try to assert the sovereignty of your nation if you are a member.
Arguments Related to Legal Scope
Quite possibly the most common issue to come up in debates on national sovereignty is the issue of legal scope, particularly the question of where the NSWA's proper jurisdiction lies.
Legalistic Argument
The Legalistic Argument is a fairly common method of dealing with national sovereignty issues. Proponents of this argument hold that there are two types of legislation; domestic and international. The general thrust of this argument is that because "it's the World Assembly, not United Sentient Beings" (to quote myself), the World Assembly is a body that is international in its scope, and international only. Persons taking this position usually believe that unless the NationStates World Assembly is legislating directly on an international issue, it is violating the scope of its legal authority.
International Justification Argument
This is one of the most popular arguments that is used to justify the NationStates World Assembly legislating on what others might consider a domestic issue. Proponents of this argument will generally state that the NationStates World Assembly is well within its rights to legislate on domestic issues if there is an international justification for doing so. For example, outlawing abortion in one nation would probably lead to women immigrating or emigrating (depending on your perspective) to other nations in order to have abortions. Thus many proponents of this argument would say that because the domestic law is extremely likely to have international consequences, it is within the scope of the NationStates World Assembly to set international law that will address this issue.
Arguments Related to the Goal of Unity
Of late I have noticed an increasing tendency on the part of those who address national sovereignty to debate the issue in light of the goal of acheiving unity through the NSWA. (That goal is implied by the name of the
United Nations.)
Unity Through Sovereignty
Some proponents of national sovereignty have suggested that because of the difficulty involved in and the negative consequences of the NSWA mandating policies for its member nations (due to the overwhelming diversity of biological, technological, cultural, political, and economic needs of those nations), the NSWA should respect national sovereignty in an effort to respect the diversity of the membership. Some have also suggested that respecting national sovereignty would decrease the rancor that many conservatives and capitalists feel towards the NSWA, which would lead to a more unified, rather than divided, body of nations.
Unity Through Universal Policy
Others suggest that the way to improve the unity of the membership is through mandated universal policy that would truly provide a unified framework for the member nations and make them more homogenuous and friendly towards each other. Some have suggested that all who oppose the NSWA's policies should leave the NSWA and that such action would benefit the NSWA by removing the division caused by competing beliefs about policy, thereby creating a truly unified NSWA.
Arguments Related to Self-Determination
Below are the primary arguments on national sovereignty that are related to the issue of self-determination, which is essentially the ability to determine one's own course of action.
Self-Determination Within the NSWA
Some people suggest that in recognition of a nation's right to self-determination, the NSWA should respect national sovereignty and allow member nations to make their own policies. Such persons often have differing perspectives with regard to the degree which they believe national sovereignty should be upheld due to the right to self-determination.
Self-Determination Without the NSWA
Others suggest that the nations already have the complete right to self-determination, and that they exercise this right by joining or leaving the NSWA. Such persons usually hold to the Fatalistic argument as well, though not always.
Arguments Related to Passed Legislation
Below are the arguments on the issue of passed legislation. These arguments seek to establish a perspective's correctness by appealing to historical precedents in the law set out previously by the NSWA.
Passed Legislation as Precedent for Sovereignty
Some people who wish to promote national sovereignty in the NSWA suggest that because of previous legislation that either respects of promotes national sovereignty (examples are "Rights and Duties" "National Systems of Tax" "Right to Refuse Extradition" and "Right to Self-Protection"), the NSWA has clearly endorsed national sovereignty as a valid legal and political concept within the NSWA and national sovereignty should be respected as such. Some take this line of thought even further and suggest that national sovereignty should not only be recognized as a valid legal concept, but also implemented consistently by the NSWA in its policies.
Passed Legislation as Precedent for Universal Policy
Other take the opposing position that the historical precedent for mandating universal policy is stronger than the precedent for sovereignty, citing the much larger number of resolutions that do not respect or promote national sovereignty (examples are "Abortion Rights" "Definition of Marriage" "Right to Learn About Evolution" "The Sex Industry Worker Act" and "Ban Trafficking in Persons"), but instead operate using universal policy. Such persons generally conclude that universal policy is the more recognized model for legislation, and should be recognized as such. Some take this line of thinking even further and suggest that universal policy should be implemented consistently in NSWA policies.
Validity of the National Sovereignty Argument
Frisbeeteria, the author of the
Rights and Duties of WA States Resolution, has done an excellent examination of the relationship between national sovereignty the NationStates World Assembly, which can be found
here. I am reposting it here with some format changes, as it includes an analysis of national sovereignty as it relates to international law and game structures, rather than the mostly descriptive methods that I have employed. All of the text you read after this point was written by Frisbeeteria.
It has become fashionable once again to discard or belittle arguments of national sovereignty as somehow unworthy of notice. "Yet another WA member who hasn't read the FAQ" seems to be a common slap in the face of new posters. Let's examine this in a bit more detail.
Does the WA have the power to override National Sovereignty?
Yes. Unquestionably. The FAQ makes that abundantly clear.
Does the WA have the right to override National Sovereignty?
Yes and no. Matters of international importance and consequence are rightfully the province of the WA. Who makes the determination of what is or isn't a matter of international importance? The WA Ambassadors of the WA member nations choose that among themselves.
There is no grand scheme by which the WA can rightfully do
anything at all, unless the membership grants the organization that right. It is the duty of WA member nations to send a representative who is capable of presenting his or her own national interests, while at the same time considering the validity and effect of those interests on other members of the international community. These members must consider and decide whether the proposal or resolution in question should qualify as the rightful property of the WA. If so, they should present their case. If not, they should vehemently oppose it. National interest MUST be given weight in any ambassador's decision.
Does the WA have the duty to override National Sovereignty?
In cases of international importance that transcend national boundaries, perhaps. Some would include most Human Rights proposals into this category. Others might consider Environmental or Free Trade as paramount. There is no single criterion that any given nation is required to follow in determining their duty to the WA, and Ambassadors should not be chastised for failure to share common values. With more than 37,000 WA member nations, it is absurd to think that every one will agree on any given issue, much less the phrasing and language of its presentation. The value of such duty is a variable which can only be set by the member nation.
Does the WA have the obligation to override National Sovereignty?
Absolutely not. The WA can always decide that an issue is not worthy of its consideration, or rightfully belongs to the member nations. The WA also has the ability to change its mind at a later date, as member nations come and go. Consequently, all previous resolutions may now be repealed, assuming some member can create a compelling case to do so.
On what legal basis can the WA override National Sovereignty?
Rights and Duties of UN States provides the legal precedent for sovereignty in Articles 1-3, while at the same time recognizing the legitimate claims of the WA in Articles 2, 3 and 11. In many ways, this is a restatement of the core [OOC] rules of the game, while providing a critical [IC] justification for doing so.
In passing this resolution, the WA has explicitly recognized the concept of National Sovereignty. Thus, under international law, national sovereignty arguments are legal and permissible as legitimate in any argument. As previously stated, those arguments do not in and of themselves provide justification for the passage of a resolution or a repeal, as the WA always retains the power to decide for itself what it worthy of consideration.
Conclusion
On this basis, I maintain that it is
legally incorrect to dismiss all such arguments as groundless. The usage of the language, as in all WA discussions, is vital. One must consider the context as well of the content when using or deriding words like
right, power, duty, and
obligation. Perhaps a bit of guidance towards the correct word or phrase would serve the WA community better than abrupt dismissal of the claim.