Fwurg

[Investigator Pilos]

"Minister, thank you for your patience. This brings us to the second question raised by Miss Serrah, regarding the sovereignty in the assignment of representatives. Please keep in mind that in this matter, a clarification is requested on how the law ought to be interpreted. The specific circumstances which raised the question are not relevant, and should be disregarded.

The Veolian Commonwealth has posed that any Union member has the sovereign right to assign as representative any individual they choose, and that this choice can not be countermanded by any Union member. They base this argument on the principle that each member world may assign a senator by their own customs, and that in parallel the same should hold for representatives, even if such is not explicitly stated so in law.

Because the Veolian Commonwealth has not specified, I will first invite them to give testimony as to what they mean by 'any individual they choose'. Do they see any requirements on this at all?

In a second part, they posit that any agreement negotiated would be binding, but I will get into those details once the above matter has been answered. I would also invite others to weigh in on this matter and specify what requirements - if any - they expect that factions abide by when selecting a representative.

[Serrah]

"The Veolian Commonwealth sees no requirements on the capacity of a sovereign state to confer full powers on any individual.

It is our view that a sovereign state may confer full powers to any individual deemed fit by their own customs. This individual can then act as a diplomat fully authorized to represent his or her government as a prerogative; questioning the status of such a plenipotentiary comes down to questioning the sovereignty of the state itself."

[Investigator Pilos]

"So you would agree to hold trade negotiations with, say, a 2 month old human child, incapable of articulating even the most basic statement?" the investigator inquired

"How about a person who was blatantly senile? One who was in an extended 6 year hibernation? How far are you willing to extend this? Would a miniature giant space hamster, only semi sentient by any standard measure, qualify if the nation that chose it as their representative decided to grant it citizenship?"

he rolled out a chair from behind a desk

"What about this chair, miss Serrah? Do you believe this chair could qualify as a valid representative? Surely there are -some- limitations?"

[Serrah]

"If the other State deems a child incapable of speech fit to represent them, I will take a moment to meet with the child, and then I will conclude that the other state does not take our diplomatic relationship serious. It is the responsibility of a State to appoint representatives that actually represent their interests. If a State is of the opinion that a blatant senile representative is fit to represent them, then they will still be bound to the terms we agree upon.

You use a chair as an example, what about the IO? They do not have a pysical representation and the question whether they are alive or not has not yet been settled. Yet I have had both succesful and unsuccesful negotiations with them.

The limitations that are in place are only internal to the State that appoints the representative. If they are willing to be represented by a chair then their next negotiation, and any they wish to open thereafter will be taken as a joke. Yet it remains their sovereign right to do so."

[Investigator Pilos]

"You seem to hold the position that anything and anyone would do then. So you agree then, that next time the Veolian Commonwealth has a legal problem they want to the ministry of justice to address, you would have no problem if the case was handled by a child incapable of speech?" the inquisitor inquired.

"I mean, you might be a tad insulted that your complaint wasn't taken seriously, but you would accept whatever judgement was made?"

[Serrah]

"If the ministry of justice were a sovereign state, we would respect their choice of representative. As I understand it at the moment, the ministry of justice is one of the institutions within the Union, and as such there are constraints upon the representatives and agents of this institution."

"Since the minister is beholden to the senate, and the Commonwealth is a member of the Union, we can ask questions about their actions in the senate. We would not presume to ask these questions from another sovereign world, as it is their prerogative to assign any representative they see fit.

As to the judgement made by the child, I am afraid that by law and treaties we are bound to accept the judgement. If member worlds can arbitrarily declare that they do not accept the appointed agent of the ministry of justice this would greatly undermine the authority of the ministry of justice as any ruling against a world would be followed with a rejection of the agent that made the ruling."

[Investigator Pilos]

"Thank you for explaining your governments position Miss Serrah." the Investigator noted.

"We will now hear the views of other governments on how the law ought to be interpreted."

With that, the Investigator opened the floor for other parties to speak on this matter.

((OOC: Other players are now free to interject their views - the Investigator will likely get back to the Veolian Commonwealth too, at a later moment))

[Senator Lonco Morubixaba of Skuldda]

"I believe that a representative should be representative for the people he represents. The high casts therefore cannot have a child incapable of speech as a representative. In return I will not acknowledge such a child as representative for important and influential people and factions.

A educated slave however, will be acknowledged by me in case of the Veolian Commonwealth, since such a slave is representable for the people he or she represents."

[Investigator Pilos]

"And what exactly would qualify or disqualify someone as being representative, Senator Lonco? Must the representative be of the same race or gender or sexual preference? Have the same range of IQ? Be of similar political persuasion? Can you further define what you mean as 'representable for the people he or she represents'?

[Lady Peinaili de Montrève]

"Investigator Pilos," the Lady de Montrève interjected after Senator Lonco had offered his opinion on the matter,

"The Sundarian Federation will accept any representative assigned to a specific task or on a specific subject, as so appointed by the party they represent. It is not our perogative but theirs to appoint a suitable representative, or rather one they deem suitable to represent them on a specific matter.

What we can judge however, is how the matter, for which the representative is sent, is regarded by said party. And with that I mean that much will depend on how the representative acts and more importantly his skills and/or qualifications.

For instance, if the Veolian Commonwealth were to sent a young child to a conference about mechanical engineering as hosted by one of our lead scientific institutions, that institutite may very well assume that the Commonwealth doesn't take their conference serious. However, much still depends on the skills and qualifications on the representative; if in this case this child is one of the most leading experts in his field, or has a wealth of practical knowledge, the assumption of the institute was wrong. Or if the attendance of this child was part of his education, and his gives his best effort to fairly represent the Commonwealth, the assumption of the institute was wrong again...

As such the Sundarian Federation supports the notion as set forth by Miss Serrah "

[Senator Lonco Morubixaba of Skuldda]

“The person must fall within the culture of the group he or she represents. In general this will be the same race, the same average age, the same ideals and so on. From that person you must get a representable idea of who and what group you are talking and dealing with. Unless if the culture, the people, the world explicitly is about race diversity or granting leadership to incompetent children, I wont acknowledge such a person, like a child as the representative.

So if I would negotiate with the Excaria for a weapons trade deal, I refuse to talk with a Hiocan. The peace loving Hiocan simply is not representative for the militaristic Excarian.”

[Serrah]

Serrah listens intently to the different opinions and views set forward.

[Senator Danar Tassar]

"We of the Teprogrenaian Consensus share the opinion of the Veolian Commonwealth, and believe that a nation is free to assign a representative themselves. Even if this is a child incapable of speech. Of course, the consequences of assigning an inadequate representative are also for the nation."

[Investigator Pilos]

"Minister" the Investigator addressed the Justice Minister "Several viewpoints have been presented on this matter. The majority seem to hold that any representative would suffice, and that political consequences might be applicable as a result of a bad choice. Others have argued that a representative should be representative of the group they are representing."

After summarizing the discussion, he once again addressed those present.

"There is another interesting point raised by Senator Lonco: that he will not accept certain representatives in negotiations, specifically those whom he feels are not representative of the group they represent.

This is the other side of the same coin: even if the minister decides that any representative, no matter how silly, is acceptable, does this also mean that the other party must accept this choice, or are they free to refuse negotiations, or even cut them short once they find the other parties representative to be unsuited?

Note, I am not talking about political consequences: a negotiator may very well be insulted to be made to negotiate with, for example, a droid - and this may affect the outcome of the negotiation. But may the other party flat out refuse to deal with an unacceptable representative? This matter weighs heavily in the freedom to choose any representative, as such freedom is essentially meaningless if the other party can declare the chosen representative invalid and thereby end negotiations.

I ask all who are present to share their views on this."

He once again opened the floor for all speakers.

[Senator Ardios Eldrilith]

"I am afraid refusing to talk with a negotiator can not be separated from the political consequences. We believe that the other party is allowed to refuse to negotiate with a individual if they believe the individual does not represent the faction. However they will have to explain this to the faction and this might lead to political consequences if the other faction does not believe the explanation is justified."

[Serrah]

"I agree with senator Eldrilith that a good explanation is necessary if the first state refuses to negotiate based on grounds that the the other representative is not, in fact, representing the second state."

"That said, it is the opinion of the Veolian Commonwealth that as long as the second state gives assurances that this individual has been granted Full Powers, and can therefore act as a diplomat fully authorized to represent his or her government, negotations ought not to be broken off based on the qualities, perceived or otherwise, of the representative. They are after all, actually representing the second state, regardless of their personal qualities.

Being capable of producing Full Powers is the only requirement that is necessary for an individual to be a representative."

((OOC: For those that are unaware of the brilliant concept of Full Powers (which is effectivly why international diplomacy on Earth works as it does), I link to Full Powers (Wikipedia). Happy reading ^_^))

[Senator Lonco Morubixaba of Skuldda]

"Needless to say, I don't only think a faction is allowed to refuse or cut short negotiations with a unrepresentative party, but it is their obligation to do so."

[Senator Danar Tassar]

"We of the Consensus believe that one party can refuse or cut short negotiations with another party at any moment, and an explanation is not mandatory. However if the party who refuses to talk has the insight to prevent a political incident, they will provide a satisfying explanation or face the consequences of their actions.

At this moment a party can break of negotiations with another party at any moment. However, they fill face the inevitable consequences if they do so. The Consensus can refuse to talk with the Commonwealth, but we cannot do so without facing repercussions from the Commonwealth."

[Investigator Pilos]

"It appears as if there is a generic consensus that negotiations may be cut off if a party feels their negotiating partner has not sent a proper representative, and that any consequences of this should be handled in the political, rather than the legal arena. As such, am I correct to conclude that it is the desire of the parties present that the Ministry of Justice explicitly refrains from involving itself, should one party decide the representative of another is unsuited?

[Serrah]

"Investigator, I respectfully disagree with the assertion that a generic consensus has been reached. I might have been to terse in phrasing this, so please bear with me as I clarify the position of the Veolian Commonwealth."

"The Veolian Commonwealth is of the opinion that a state can not declare a representative of another state invalid, as long as that representative can produce Full Powers.

For example let us assume that two states, state A and state V, are in negotiation. Further, assume that state A declares the representative of state V to be unrepresenting of state V. We are of the opinion that, as long as this representative can produce Full Powers -- whether by producing the official sealed document immediately or by simply having the embassy confirm their status -- state A has no right to break off negotiations based purely on the fact that they disapprove of state V's choice of representative."

"And to immediately answer your current question: It is our desire that such cases can be brought before the Ministry of Justice, should state A persist in this point of view after Full Powers have been produced. As you already said, without this option, a state's freedom to appoint a representative by their own customs has no value."

[Investigator Pilos]

"Apologies, Miss Serrah, your use of the word 'ought' appears to have led me to the erroneous belief there was consensus. How do other nations feel regarding the Ministry of Justice deciding on the validity of representatives?"

[Lord-Senator Kachiso Doshima]

Kachiso kept quiet until now on the issue.

"Investigator Pilos, I believe that the Ministry of Justice is capable of deciding whether a representative has the authority to be a representative or not. However, it should not be required for a representative to be approved by the Ministry of Justice.

I would also like to, respectfully, point out, that the free economy we have inside the Union allows one state to end negotiations with another state without the obligation to provide any reason. Be that reason considered valid or invalid. As such there is no such thing as having 'no right to break off negotiations'. Our economy would surely suffer if there was."

[Senator Mathi-ey C'b'rton of the Divine Fiefdom of Highmons]

After considering the various testimonies and declarations, the Minister of Justice was ready to make a judgement:

"Thank you everyone for taking the time to share your views on this matter. I have considered the various viewpoints, as well as the existing laws.

The key consideration I make is that the Union is built up of member worlds that represent a wild variety of cultures, religions and ideologies. One of the core values is to bring these different groups together in a peaceful and mutually beneficial manner, and to be able to do this, member states must show at least some respect for the customs of one another, even if they disagree with them.

The choice of a representative in negotiations is a reflection of that respect, and as such, it seems reasonable for me to require that a negotiator is selected by each party within the boundaries of respect. Because those boundaries are necessarily vague, and vary between cultures, and because of the diversity of this galaxy, I cannot provide a list of criteria that need to be met without offending either a current or a potential future member world.

As such, I will make this ruling on the selection of representatives:

• Any representative chosen for the negotiation of international agreements which could normally be reviewed by the Ministry of Justice should be selected to be a "respectable representative" at the least by the laws, standards and customs of the nation sending that representative.

For example, if a member world would not normally recognise the person-hood of a chair, then that nation is not allowed to elect a chair as its representative. Similarly, if a member world would not normally grant emancipation to a newborn baby on the reasoning that they are not mature enough to make their own legal decisions, then they cannot send a newborn baby to lead their international discussions. Conversely, if a nation normally recognises a slave as being the same legal entity as another person, and that other person would normally be allowed to negotiate a deal, then this slave would qualify as a "respectable representative".

Note that this ruling regarding the selection of representatives considers only the customs of the nation selecting their representative. It does not matter what the laws, standards or customs of the other negotiating parties are.

Beyond the requirement of a "respectable representative", I also take into consideration the issue raised regarding that the representative ought to be a proper representation of the nation it is representing. On this I make the following additional requirement of representatives:

• Any representative chosen for the negotiation of international agreements which could normally be reviewed by the Ministry of Justice should be citizens of the member world they represent, or citizens of the member world that holds sovereign power over the entity they represent, such as in the case of sub-factions or intergalactic corporations.

I additionally recognise that in some cases a nation may wish to use external representation. For example, a nation may have attracted a skilled CEO from another nation for an intergalactic corporation, whom they wish to represent the corporation in a negotiation. In such a case, member worlds may - and are in fact encouraged to - use their own laws and customs to grant temporary or permanent citizenship to allow for such a representative."

The Minister paused a moment.

"Respect is a two-way street, and we also need to take into account the right and freedom of nations to not wish to negotiate with certain types of representatives, as is the custom in their culture. Therefore I give nations the following options to refrain from negotiating with certain types of representatives:

• A member world may register with the Ministry of Justice a list of requirements or restrictions that it - based on its own laws, customs and cultures - places on representatives involved in all negotiations of international agreements which could normally be reviewed by the Ministry of Justice.
• Non member-world entities are always considered as using the requirements of the member world that holds sovereign power over that entity.
• All representatives involved in negotiations of international agreements which could normally be reviewed by the Ministry of Justice must meet the registered requirements and restrictions of all parties involved in the negotiations. This includes the representatives sent by the party which listed the requirements. If there is disagreement about whether or not a representative is qualified under this rule, the Minister of Justice will adjudicate.
• Within the confines of the registered requirements and restrictions, all parties must accept any and all representatives.
• Registered requirements or restrictions, including amendments, will come into effect the turn after they have been registered and will hold only for new negotiations started after the restrictions came into effect. They will never be applied retroactively.

These requirements mean that only pre-registered reasons can be used to refuse a representative, and that such pre-registered reasons must always be applied to -all- negotiations by a member world. One world cannot be held to different standards than another.

Note that the above is not a requirement to actually enter into negotiations, nor to come to an agreement. It merely means that a nation cannot end negotiations and demand that a nation send a different representative.

Additionally, there is one more restriction that may be applied:

• If a representative in a negotiation of international agreements which could normally be reviewed by the Ministry of Justice should provably have insulted or offended one of the negotiating parties, that party may end negotiation with this individual representative on that basis.

This is to guard against unacceptable behaviours by representatives. If a nation persists in sending misbehaving representatives - or if a nation claims to be offended without cause, the Ministry of Justice may review each such situation on its merit.

I believe this ruling accurately takes into considerations the interests of all Union members, and the points discussed in this debate. This ruling shall stand until such a time as the Senate creates law to overwrite it.

I hereby adjourn this meeting. Thank you all once again for attending."