[Constitutional Interpretation] The East Pacific

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[Constitutional Interpretation] The East Pacific

Post by Lynxi » Tue Feb 26, 2019 8:29 pm

As discussed here, TEP recently proposed sweeping treaty alterations with all of its allies including Osiris. However, the Treaty of Amity was signed by TEP and the government of the OFO 1.0. As OFO 2.0 is not a legal successor to OFO 1.0 I do not believe that the Treaty of Amity is a legitimate treaty under our current government. Because of this I think the Treaty should be annulled, but I'm not sure that this is specifically covered in any legal document. I'd like an interpretation so we can deal with this issue as best as we can.

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Re: [Constitutional Interpretation] The East Pacific

Post by Altino » Tue Feb 26, 2019 11:14 pm

That's a complicated one.

The Transitional Government that ruled Osiris between OFO1 and OFO2 did manage to secure the continuity of some treaties, which they documented in several statements at the time. Notably, Albion and Lazarus refused to take a stance of Neutrality in the affair and thus had their treaties voided while allies Europeia and Balder switched their support away from The Almighty Jesus Whale and their treaties gained continuity under Osiris' new government. The Transitional Government worked with treaties ratified under the State Code to carry over to The Scroll of Ma'at, but were never able to convince TEP's government to amend their treaty to reflect their new Government under The Scroll of Ma'at. It's important to note that the State Code was NOT abolished by legal means and the Scroll of Ma'at was established as part of a coup. The coup was a counter-measure against what we recognize as a hostile takeover on part of The Almighty Jesus Whale, but it was a coup all the same. All treaties which should have continued to exist had to be re-negotiated with foreign entities. The Scroll of Ma'at has this to say on the matter:
Scroll of Ma'at wrote:(2) The Osiris Fraternal Order governed by this constitution retains legal continuity with the Osiris Fraternal Order governed by the State Code of Osiris, for the sole purpose of recognizing and honoring all treaties in force pursuant to that Code, except those explicitly nullified by the Transitional Government of the Osiris Fraternal Order after dissolution of that Code.
I don't believe that The Scroll of Ma'at had any legal right to make this statement - treaties aren't just automatically carried over without the consent of both governments in the event of a coup. However, knowing that these treaties were re-negotiated by the Transitional Government, I suppose it's standing is legal in practice, even if it were not in theory sound. In any case, I can find no evidence that The Treaty of Amity was successfully re-negotiated, but know in fact that Pharaoh Cormac requested that The East Pacific amend this treaty to reflect Osiris' new government, and they declined. As I understand it, Pharaohs to follow made the same request. I was informed by current Delegate Fedele that the word he was given by former Delegate Yuno was that TEP didn't really have a treaty with Osiris and not to worry about it. This being the case, it seems evident that the Treaty of Amity was likely not re-negotiated either properly at all as Delegates of The East Pacific have for all these years refused to amend The Treaty to ensure its legality; a fact delegates on both ends of the deal have seemed content to quietly ignore.

Based on the facts, I'm afraid I would have to rule that no, The Treaty of Amity does not hold any legal relevance following the abolition of the State Code. I cannot answer to why The Treaty of Amity has sat in limbo for so long or why it was acceptable to delegates of either party to have a knowingly irrelevant treaty complicating the relationship between Osiris and The East Pacific - or further why delegates of The East Pacific have so fervently refused to correct a simple incongruity to legalize their treaty with a now years-old, stable government in Osiris. Realizing the position that we're in now, though, The Treaty of Amity must be voided, as it should have been at TEP's initial refusal to legalize it years ago.

The throne advises the Council of Guardians to consider Fedele's proposed replacement to the Treaty of Amity as a new relationship rather than a redefined existing relationship. Any negotiations that the Guardians or Foreign Affairs departments would like to handle on Fedele's proposition may be communicated to him or by proxy to myself at this time.

The throne requests as well that the Foreign Affairs department please have The Treaty of Amity removed from Osiris' Diplomatic Documents and archived with haste. A diplomat should be dispatched to The East Pacific to inform them of these changes so that they may amend their treaties appropriately and continue with Fedele's proposed treaty as they see fit.
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