[GA - PASSED] - Repeal: “Reducing Spills And Leaks”

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Repeal: “Reducing Spills And Leaks”
Category: Repeal | GA #298
Proposed by: Gemeinschaftsland | Onsite Topic
Replacement: < Safe Transportation of Hazardous Materials >​


General Assembly Resolution #298 “Reducing Spills And Leaks” (Category: Environment; Industry Affected: All Businesses - Strong) shall be struck out and rendered null and void.

The World Assembly,

Recognizing the immense importance of legislation regulating the transportation of hazardous substances, General Assembly Resolution #298 “Reducing Spills And Leaks” included;

Concerned that despite its laudable aim, a series of flaws and oversights may render this resolution detrimental to the member states of this august body;

Troubled that poor phrasing in subclause 1C(b): "... [penalizing] entities which cause and/or allow leaks to occur through negligence" may enable a dangerous interpretation of the provision, in which punitive penalties may only be extracted from negligent offenders;

Frightened that the desiderata laid out in Clause 2, which require compliant WA member states to "establish standards and utilize technologies ... using SaLDA recommendations and technological resources," may inhibit national-level policy and technologies by tying smaller-scale legislation and technological implementations, which seek to minimize risk, enable restitution for, and/or improve cleanup of spills and leaks, to the much broader standards of an international committee;

Ill at ease over Clause 4’s mandate, requiring compliant WA Member States to turn away transports from any entity that does not comply with the aforementioned SaLDA standards and recommendations, so long as the material being transported is considered "capable of causing a spill or leak," an outrageously broad mandate that applies not only to potentially hazardous materials. but to nearly every meaningful good and resource, and which could place trade between WA member states and the roughly 90% of nations that do not hold membership in this body (and which have little incentive to abide by regulations that hold no legal authority over them), alongside the import and export economies of compliant WA member states, at risk;

Dismayed that, despite the absolute importance of total cooperation between local, national, and international authorities in the success of any cleanup effort, and the number of lives that stand to be lost if particularly dangerous spills aren’t dealt with as quickly and effectively as possible, that Clause 7, the resolution’s provision regarding cooperation with national governments, is non-binding. Simply put, the risk of a breakdown in collaboration between hazmat authorities is too great to put into a simple recommendation, and stronger measures must be enacted for the safety of WA member states' citizens;

Propounding that, far be it from "[preserving] lives", the flaws present in General Assembly Resolution #298 “Reducing Spills And Leaks”’s provisions risk bringing significant harm upon World Assembly nations and nationals;

Concluding, therefore, that the immediate repeal and replacement of the aforementioned resolution is the right and proper path towards putting in place effective international standards and oversight for the transportation of hazardous materials,

Hereby repeals General Assembly Resolution #298 “Reducing Spills And Leaks”.
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!


ForAgainstAbstainPresent
7011
 
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Overview
This proposal seeks to repeal "Reducing Spills and Leaks" for a number of flaws and oversights. Firstly, it points out that the target only tasking the SaLDA with penalising entities responsible for spills and leaks "through negligence" colourably prevents the SaLDA from also penalising entities responsible for such incidents through recklessness or malice. Secondly, the repeal points out the target's mandate that member nations follow recommendations of the SaLDA in regulating against spills and leaks unnecessarily burdens member nations and harms their ability to legislate in this area. Thirdly, the repeal points out that the target mandating embargoes on transport of any material "capable of causing a spill or leak" should said transport not comply with SaLDA recommendations is overly broad, and unduly harms trade between member nations and non-member nations, due to such non-member nations having "little incentive to abide by regulations that hold no legal authority over them". Finally, the repeal criticises the target's cooperation clauses for being entirely non-binding, despite such a matter being worth legislating on in a binding manner.

Recommendation
We find these repeal arguments to be compelling. The target's overly stringent requirements unduly harm member nations both economically and administratively; while other mandates of the target lack enough teeth to competently legislate on this area. Further, the repeal author is sponsoring two replacement drafts which would adequately address this matter on repeal of the target.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly resolution at vote, "Repeal 'Reducing Spills and Leaks'".
 
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Yo, this proposal is pretty neat. I bet the nation who submitted it is totally awesome.

All joking aside, given this is one of my proposals, I'll obviously be FOR

(Though I no longer have a WA nation in TNP, so it's not like that matters much)
 
Yo, this proposal is pretty neat. I bet the nation who submitted it is totally awesome.

All joking aside, given this is one of my proposals, I'll obviously be FOR

(Though I no longer have a WA nation in TNP, so it's not like that matters much)
Why you have a DM masking
 
Why you have a DM masking
I was a Deputy Minister of World Assembly Affairs under Hulldom, and then Dero. I went inactive for a few months due to collegiate studies and turbulence in my personal life, but I suppose I never lost my DM masking.
 
Leans for, but I think the replacement might still need some work.
Neither of the replacements are done as of yet. We've submitted the repeal early because of holiday queue stuffing, but we're working behind the scenes to bring SToHM and RHTM to a place where we're comfortable submitting.

Drafts of both are up on the NS forums, though they're not final.
 
(Non-WA) I am against this. There is a lack of a suitable replacement, and the clauses in the repeal are not convincing. Too many of them focus on what the resolution could additionally do, which is unpersuasive when the GA could pass further legislation.
 
(Non-WA) I am against this. There is a lack of a suitable replacement, and the clauses in the repeal are not convincing. Too many of them focus on what the resolution could additionally do, which is unpersuasive when the GA could pass further legislation.
Can you give an example of the issues with the replacement/s? While I am obviously biased, I personally do not see significant flaws with either replacement.
 
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Can you give an example of the issues with the replacement/s? While I am obviously biased, I personally do not see significant flaws with either replacement.
I did forget that you had a replacement: sorry. In terms of the other one, clause 2a is objectionable, in that transport of extremely hazardous substance could be made less safe by having random, unannounced inspections, creating more people on the vessel unnecessarily. Clause 4 contains an arbitrary value: two-thirds, where the reasoning for that value should have been provided instead. Clause 5civ also features a “dormant state” requirement, and I don’t see what this could mean in relation to some infectious agents.

However, I did entirely overlook your replacement, which I would support at vote. I do still, however, oppose the repeal, because it is not argued particularly well.
 
I did forget that you had a replacement: sorry. In terms of the other one, clause 2a is objectionable, in that transport of extremely hazardous substance could be made less safe by having random, unannounced inspections, creating more people on the vessel unnecessarily. Clause 4 contains an arbitrary value: two-thirds, where the reasoning for that value should have been provided instead. Clause 5civ also features a “dormant state” requirement, and I don’t see what this could mean in relation to some infectious agents.

However, I did entirely overlook your replacement, which I would support at vote. I do still, however, oppose the repeal, because it is not argued particularly well.
As I had mentioned earlier, mine and Gem's replacement are designed to complement each other, addressing different scopes (one targeting transportation, and the other targeting handling outside of that scope).
 
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