Whereas it is destabilising to the international system to permit suits against a member nation in the courts of another member nation, as this would
- allow for member nations to engage in abusive suits against other and
- imply that one nation is in a position of supremacy to the nation being sued:
And whereas sovereigns have incentives to avoid being held to justice in the status quo:
And whereas GAR 466 “World Assembly Justice Accord” creates a cohesive and robust means to try cases submitted to it and provides clear and effective measures to review decisions made therein:
Be it enacted by this august World Assembly as follows:
- In this resolution,
- use of the singular includes the plural and vice versa,
- legal persons means legal persons under the jurisdiction of the World Assembly and/or its members,
- WAJC refers to the World Assembly Judiciary Committee,
- member means member nation,
- resolution means General Assembly resolution,
- IAO refers to the Independent Adjudicative Office, and
- WAJC courts refers to the courts established by the WAJC under section 2 of this resolution.
- WAJC shall appoint judges to trial and appellate courts, which will hear cases in panels of one and three judges respectively.
- No foreign affected legal person may initiate civil judicial proceedings against a member or its subdivisions, without the consent of that member or subdivision, except in WAJC’s trial courts and under procedures that may be established by resolution.
- WAJC courts shall apply WA law and all other laws applicable within the relevant jurisdiction(s). Members must provide the WAJC with official translations of their laws in the WAJC’s working language.
- WAJC must make regulations to govern the processes by which people can initiate judicial proceedings in a way that ensures that grievances can be processed and adjudicated fairly for all parties with respect to civil and criminal actions.
- If it can be shown to the IAO that those regulations are insufficient in fulfilling the mandates of this section, the IAO may alter or abolish them.
- Parties in cases before WAJC courts may retain counsel for their own representation.
- Affected legal persons-
- may appeal against judgements of WAJC’s trial courts to its appellate courts and
- must cooperate fully with any orders and judgements issued by WAJC’s courts within a reasonable time frame, as set by the courts.
- WAJC’s courts may require a member to pay compensatory and non-compensatory damages as part of a judgement against that nation.
- No judge serving in a WAJC court may hear cases involving a member that they are or have been a citizen of, or where they have or have had permanent residence. WAJC may, upon acceptance of a case, dispatch court officials to a locale more convenient for proceedings. Members must permit the entrance and exit of such court officials.
- All members must submit evidence requested by a WAJC court which it believes is sufficiently important. The courts of WAJC should, in deciding whether to request evidence from a member, weigh the interests of the member against the necessity of requesting the evidence.
- Members are to be permitted to file emergency motions against the production of classified documents with an appellate court of WAJC, who will have final judgement on the matter. The appellate courts may dismiss any motions that are prima facie frivolous or meant to disrupt proceedings.
- If a member is required to produce classified documents, WAJC’s courts will take appropriate measures to prevent the disclosure of said documents to the general public.
Co-authored by
Imperium Anglorum.
