Treaty of Antica (Reborn) [3242 ASC]

[Allot]

TREATY OF ANTICA (REBORN)

WHEREAS the two countries of the IMPERIAL REPUBLIC OF SHIREROTH and the COMMONWEALTH OF ANTICA, having come into contact with one another and and finding their interests to be coincident, do desire to formalize and secure their cordial feelings, they do agree:

FIRST, that each recognize the other as a sovereign and independent country, possessed of all the rights entailed thereby

SECOND, that both countries commit to resolve all mutual disputes peacefully, using a neutral third party agreed to by both should this prove impossible by normal channels

THIRD, that both countries shall remain open and accessible to tourists and other visitors from one another, barring national emergencies or other such security issues

FOURTH, that both recognize one another as the rightful owner of all territory, real and imaginary, that they claim.

FIFTH, that proper channels of communication shall be opened between them, so as to facilitate dialogue and future cooperation.

SIXTH, Neither party shall engage in, nor actively sponsor, whether directly or indirectly, any act of aggression against the other except for when both parties have agreed by mutual consent that it is the appropriate thing to do.

Passed by the Landsraad June 21, 2008

[Gil'les Mel'ang]

As a high-ranking Ambassador of Shireroth's foreign ministry, I request this treaty removed from the sticky thread. Reason: All sections except section three have been violated by Antica since the Summer 2008 period of its discussion and signing. As for whether the treaty is still in force, that is for the Courts of Shireroth--not the Ministry--to decide. However, in my opinion, it would be best for the spirit of diplomacy for Antica to re-sign the treaty with Shireroth, in order to show its renewed dedication to upholding all its articles. Also in any future treaties between Antica and Shireroth the name of Antica, "The Commonwealth of Antica" should be changed to "Antican Republic."

[Harvey Steffke]

Antica [...] Antica [...] Antica [...] Antica, "The Commonwealth of Antica" [...] "Antican Republic."

Mmm, did you say something?

[Gil'les Mel'ang]

Do you have the power to overrule this request, Harvey?

[CJ Miller]

THE ARBITER.

The Treaty of Antica (Reborn) [3242 ASC] is hereby declared null and void.

Miller

[Harvey Steffke]

I don't have the power to overrule that request. I do, however, have the power to make sort of snide remarks about how the Arbiter just nullified a treaty between two countries with no investigation into the validity of the claims of the request whatsoever. Were I the other country in question, I would be rightfully annoyed.

[AryezturMejorkhor]

As the Antican ambassador, I protest this arbitrary nullification of our treaty. We were not consulted, and no reason was given to us. No chance was given for us to provide explanations or new negotiations. Finally, while we do acknowledge past grievances, those lie in the past, and the timing of this decision is suspect.

[Kaiser Fish XII]

Alright, everybody chill out right now.

THE ARBITER.

The Treaty of Antica (Reborn) [3242 ASC] is hereby declared null and void.

Miller

Overruled, I will consider the treaty active until we can properly sort this out.

Damn it, I wish Jake were here.

[Jonas]

I don't think the Arbiter can just nullify treaties... can he?

I don't really understand why people want to disband it so sudden. We all know that Antica (and I also know there are several people who show goodwill towards Shireroth) ignores treaties, but it's not like a surprise... we don't have to rush it.If we would have wanted to disband it, we should have done it when it was worth it (e.g.: as a symbolic condemnation during the Elwynnese secession).

[Kaiser Fish XII]

Our relationship with Antica is kinda like our relationship with Babkha a couple years back. We generally antagonize and bother one another, but it's generally just for shits and giggles.

[AryezturMejorkhor]

Thank you for your decision, your niftiness.

[Harvey Steffke]

I don't think the Arbiter can just nullify treaties... can he?

I realize the Kaiser has acted, but just because I was curious, I looked it up.

Section A: Powers of The Arbiter
a. The Arbiter of Shireroth is vested with judicial powers second only to the Kaiser.
b. The Arbiter is appointed by the Kaiser. The Arbiter may not be an officer of the Landsraad, the Kaiser, or the Steward.
c. The Arbiter may be dismissed by the Kaiser or a 2/3rd vote of the Landsraad.
d. The Arbiter will be the head of the Imperial Judex.
e. The Precise operation and powers of the Judex and the Arbiter shall be specified by the Landsraad.
f. Neither the Arbiter nor the Imperial Judex may violate this Charter, Imperial Decree or the Lawbook.

The only major relevant point here is that the Arbiter is "vested with judicial powers second only to the Kaiser." This seems vague; is this judicial authority absolute in the sense that the Arbiter can, on a whim, do things what CJ did, or does it merely mean that the Aribiter is in charge of the judicary, which has to follow the rules of trials and case and that this doesn't grant any special authority to the Arbiter outside the laws?

Also, "the Precise operation and powers of the Judex and the Arbiter shall be specified by the Landsraad." Let's see what the Lawbook says.

a. Any law that violates the Charter of the Imperial Republic of Shireroth and that is brought before the Arbiter in an actual case can be overturned and stricken from the lawbook by the Arbiter.

And so on for conducting court cases and what happens if the Arbiter rules in favor or against - stuff that didn't happen here as there was no actual case, merely a ruling. This makes it sound like the Arbiter's authority is limited to leading the Imperial Judex and ruling on specific laws via trials, supporting my second proposal that the "vested judicial powers" are merely the authority to lead the courts, not rule on a whim.

[Andreas the Wise]

It might be a different case if the treaty itself had said that breaking it constituted grounds to nullify it. But it doesn't.

[Gil'les Mel'ang]

A treaty is law. Therefore the Arbiter can nullify it, just like any other law except edicts of the Kaiser. However, as just demonstrated, the Kaiser can overrule the Arbiter on these decisions.