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Bill: Proposed The Treaties Act

kli_20

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kli_20
kli_20
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Author: Kli AstonMarti MP, Larrold Majick
Sponsor: N/A
Type: Act of Parliament

A

BILL

TO

Establish a legal framework governing government treaties


Preamble:
It’s time to regulate and legislate government treaties, since right now the procedure is not as clear as it should be.

1. Definitions
(a) Treaty: A formal, binding agreement between two or more countries
(b) Government: Government is the executive authority of the country, including its authorized representatives.
(c) Authorized representatives: The members of the Government of the Azalea Isles (Prime Minister, Deputy Prime Minister, and Minister of State) that are allowed to draft, propose and sign treaties to foreign nations.
(d) diplomat: Ministry of State employee, that aims to assist the authorized representatives in communicating with foreign nations.

2. Authority to draft treaties
(a) The authorized representatives shall be empowered to enlist the help of additional members of the Ministry of State for the treaty negotiation and drafting process outlined in this section.
(i) These individuals may fill in for and act as authorized representatives, so long as there is a clear and specific authorization for them to do so from an authorized representative.
(b) The authorized representatives shall be empowered to negotiate treaties with foreign powers, which shall include:
(i) Engaging in discussion with representatives of foreign powers.
(ii) Drafting treaty language.
(iii) Communicating with the representatives of foreign powers to align on and refine treaty terms.
(iv) Any other business generally needed to facilitate the negotiation and drafting of a treaty.
(c) All negotiations must be conducted in accordance with the relevant laws of the Azalea Isles.

3. Ratification
(a) When satisfied with the state of the treaty, the document should be submitted to Parliament through the normal legislative process, noting that it is a Treaty, not an Act of Parliament.
(b) The treaty shall follow the process as a normal bill would, with the exception that debate cannot be extended beyond a 96 hour total period.
(c) If the treaty receives a simple majority of votes cast in favor of the treaty, it shall be sent to the Crown for ratification.
(d) Any treaty that fails to receive a simple majority of votes cast in favor and receive the assent of the Crown shall have no binding effect.
(e) Once ratified, the treaty shall be signed by all three authorized representatives.

4. Compliance
(a) Once a treaty has been ratified by all parties, it shall have binding effect and the force of normal law within the Azalea Isles.
(i) If a treaty is not ratified by all involved parties, it shall have no binding effect in the Azalea Isles, even if ratified by the Isles.
(b) Treaties shall override preexisting laws, but new laws ratified after the existence of a treaty shall take precedence in the event of a legal dispute.

5. Treaty requirements
(a) All treaties must name the nations involved.
(b) All treaties must include a method of withdrawal that does not incur undue burden on the Azalea Isles.
(i) This method of withdrawal must preserve a simple majority vote of Parliament as the final arbiter of Azalea’s participation in the treaty. That is: the treaty cannot require a ⅔ vote of Parliament to withdraw, or cannot give withdrawal to another branch or entity.
(ii) A treaty withdrawal must follow the normal legislative process that a treaty does, with the same limitation on debate.
(c) All treaties must include a method of resolving conflicts or disputes.
(d) All treaties must include either a duration or an end date not exceeding six months from the date of signing.
(i) Renewal clauses do not violate this.

6. Diplomats
(a) diplomats shall work under the Ministry of State in the foreign affairs department
(b) diplomats shall help the authorized representatives with foreign affairs, by becoming experts in customs and ideologies of foreign nations.
(c) diplomat shall not be able to draft or sign treaties on their own
(d) diplomats may communicate with foreign nations
(e) diplomats shall receive approval from an authorized representative before communicating with foreign nations.

7. Publication
(a) All treaties shall be made available to the public.

Enactment
This act shall come into force immediately upon passage.
 
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