[DRAFT] Conflict Resolution In Environmental Disagreements

[Great Robertia]

Hello! I have been drafting this proposal on the forums as Daarwyrth for a while now, but I wanted to post it on these forums as well to see if there is any feedback or commentary here that could help improve the proposal.

Conflict Resolution In Environmental Disagreements

Category: Political Stability | Strength: Mild

To stand at the forefront of the honourable and commendable efforts and endeavours to preserve and protect the environments of member nations, and to help mitigate any conflicts and disagreements that may arise between member states in regard to environmental affairs that stretch into the international domain;

The General Assembly enacts as follows:

1. For the purposes of this resolution, these terms are to be understood in the following manner:
   
   1. An "international environmental affair" as an activity, practice, policy or law originating from one member nation, its businesses or its industries that has a direct negative impact on the environment of one or more member states and which immediately concerns such, and in particular that of one or more neighbouring countries;
      
      
   2. A "security consideration" as a strategic activity legal under extant WA legislation and conducted by a member nation to ensure its capability to defend itself against foreign or domestic threats, such as but not limited to the mining of strategic resources;
2. The Impartial Mediation Foundation (IMF) shall have a subdivision called the Department of Environmental Affairs (DoEA) which will be tasked with the following:
   
   1. Garner the expertise necessary to mediate and arbitrate competently and effectivelt in disagreements between member nations involved in an international environmental affair;
      
      
   2. Mediate between the member nations who have found themselves in a disagreement or conflict over an international environmental affair, and which have requested mediation by the DoEA, yet while factoring in the security considerations any of the parties involved might have, and while recommending the least restrictive measures should the international environmental affair concern an activity or conduct that is legal under extant WA legislation;
      
      
   3. Arbitrate in cases where mediation between the member nations involved in an international environmental affair did not yield a conflict resolution within a reasonable timeframe, and after all attempts at an agreement between the involved member states have resulted in an impasse, yet while factoring in the security considerations any of the parties involved might have, and while imposing the least restrictive measures should the international environmental affair concern an activity or conduct that is legal under extant WA legislation;
      
      
   4. Dismiss any requests for mediation that have been proven objectively and with sufficient prior investigation to be in mala fide or to undermine another member nation's cability to tend to its security considerations competently and effectively, and fine the requesting party or parties with a sum proportionate to the perpetrated offense and to deter other member states from similar conduct;
3. Any member nation involved in a dispute over an international environmental affair must make a verifiable and dedicated good-faith endeavour to resolve those disagreements with the parties involved before requesting mediation by the DoEA;
   
   
4. A request for mediation by the DoEA must be lodged by all the parties involved in a disagreement over an international environmental affair, or by at least a two-thirds majority of the member nations involved;
   
   
5. If mediation is requested by the DoEA, then the mediator's recommendations and expertise are to become leading in any proceedings to bring about a conflict resolution, but with full participation and input from the member states involved in a disagreement over one or more international environmental affairs. Yet, no recommendation may prevent any of the parties involved from being able to competently and effectively tend to one or more of its security considerations;
   
   
6. The IMF will determine on a case by case basis what constitutes as a reasonable timeframe in attempting to resolve a disagreement between the member nations involved in an international environmental affair, and when all attempts at producing an agreement have resulted in an impasse;
   
   
7. No arbitration by the DoEA may prevent a member state involved in a disagreement over an international environmental affair from being able to competently and effectively tend to one or more of the security considerations it might have;
   
   
8. Any arbitration by the DoEA shall have a binding effect to all the parties involved in the case it arbitrates on, and failure to comply with its verdicts must be viewed as non-compliance with the articles of this resolution.

 

[Great Robertia]

I have updated the draft in light of feedback and commentary offered on the forums.