[Pre-draft] - Births and Deaths on Aircrafts and Ships

[Simone]

The World Assembly (WA),

Noting its commitment to protecting the rights to citizens, in particular regarding citizenship through GARs 386, 552 and 695;

Further noting that long distance travel may results in births and deaths on aircraft, spacecraft or ships during such journeys;

Further noting that certain rare situations, such as those born on such journeys ending up stateless, may arise as a result of differences in citizenship and nationality laws;

Determining that such situations are best settled by a WA resolution;

The WA hereby enacts as follows:

1. Definitions.
   1. "Aircraft" means any airplane, helicopter, spacecraft, or other similar objects defined as such by the International Aero-Space Administration (IASA).
   2. "Ship" means any maritime vessel as defined by the WA Nautical Commission (WANC).
   3. "Flag state" means the WA state to which the aircraft or ship is registered.
   4. "PASA" means the Passports, Nationality, and Refugees Administration.
   5. "WA organs" means any of the committees of the WA.
2. Citizenship of children born on a journey. If a child is born on a journey on an aircraft or a ship (“journey”):
   1. Jus sanguinis laws shall apply to the child if the child is entitled to citizenship through such means, subject to extant resolutions.
   2. If such a child is not entitled to citizenship to any state for any reason, such as being born to stateless individuals, the child shall be entitled to pursue potential citizenship through the flag state.
   3. If the flag state adopts jus sanguinis laws and refuses to grant citizenship, it must at least place the child as a subject of that state until that child reaches the age of majority in that state.
   4. Non-intervention. This resolution does not interfere if a WA state chooses to grant citizenship:
   5. pursuant to jus soli laws to a child born on a journey as a result of the birth taking place in the airspace or the waters of that WA state; or
   6. as a result of that WA state's sole and absolute discretion.
3. Role of PASA.
   1. Any individual born as a result of the circumstances stated in clause 2 shall be permitted to seek assistance from PASA if the individual eventually ends up stateless. This also includes individuals born on aircraft or ships under the jurisdiction of WA organs.
   2. PASA shall render such assistance as it deems necessary, including a potential resettlement of the individual in a WA state willing to grant citizenship, nationality or subject status to that individual.
4. Deaths on journeys.
   1. Any deaths of sapient inhabitants on an aircraft in-flight or on a vessel during a maritime journey shall be handled in a dignified manner, to the maximum extent possible given the circumstances of the journey.
   2. The captain of an aircraft or vessel ("captain") shall have final authority on the handling of deaths on journeys, until the said aircraft or vessel disembarks at a port.
5. Death certificates.
   1. The responsibility for issuing death certificates for anyone who dies on a journey shall be with the flag state, if that flag state is a WA state.
   2. If the flag state is not a WA state, but the death occurs in the waters of a WA state, that WA state shall be responsible for issuing death certificates.
   3. If the next-of-kin of anyone who is a sapient inhabitant of a WA state that dies on a journey is unable to obtain a death certificate for any reason, PASA shall provide such assistance as it considers necessary.
6. At sea burial. An at-sea burial before disembarking at a port is to be conducted only if:
   1. such a burial accords with the culture, religion, or the previously expressed wishes of the deceased; or
   2. the captain determines, at their sole discretion, that such a burial is strictly necessary, such as (as an example) due to the lack of refrigeration facilities on a ship and the potential for disease.
7. Jurisdiction. Subject to extant resolutions:
   1. IASA and WANC shall be responsible for implementation of this resolution regarding aircraft and ships, respectively.
   2. The Independent Adjudicative Office shall adjudicate any disputes between WA states over this resolution.

 

[Simone]

The death part has been spun out into "Coroners' Inquest" - likely to see the birth part combined with another resolution.