The ESUS Constitution

[Kanuckistan]

The Dominion objects to the following Articles in their current form.

4.1 - Ambiguous. Whose trade laws and customs take precedence? By customs, does this refer to method of trade or boarder control?

4.2 - Define international smuggling. Furthermore, what happens to those detained? Whose jurisdiction do they fall under in regards to prosecution and sentencing?

[The Mindset]

They fall under the jurisdiction of the ESSCD, the punishments of which can be decided by a later vote by the Senate.. Same goes for the trade laws. Smuggling = secretly importing prohibited goods or goods on which duty is due. Even if they are legal in one ESUS member nation, it would be prohibited to smuggle them to another ESUS member nation where they were not. For example, it would be considered smuggling and thereby illegal for someone from another ESUS nation to smuggle religious literature into The Mindset.

[Kanuckistan]

They fall under the jurisdiction of the ESSCD, the punishments of which can be decided by a later vote by the Senate.. Same goes for the trade laws. Smuggling = secretly importing prohibited goods or goods on which duty is due. Even if they are legal in one ESUS member nation, it would be prohibited to smuggle them to another ESUS member nation where they were not. For example, it would be considered smuggling and thereby illegal for someone from another ESUS nation to smuggle religious literature into The Mindset.

And what of a suspect's prosicution? I should hope that such would happed in accordance with the laws and courts of whatever nation they were detained in.

Furthermore, what of our concerns regaurding section 4.1?

[The Mindset]

Did you not read what I wrote?

The trade laws will be decided by the senate established in 2.3.
The criminal falls under the jurisdiction of the supra-national ESUS organisation known as the ESSCD (established in 4.2). The punishments issued by this organisation will be decided by the senate.

[Kanuckistan]

Did you not read what I wrote?

OOC:
Sorry, multitasking.

The trade laws will be decided by the senate established in 2.3.
The criminal falls under the jurisdiction of the supra-national ESUS organisation known as the ESSCD (established in 4.2). The punishments issued by this organisation will be decided by the senate.

So this 'ESSCD' will be nominally responsible for placing suspects on trialand determining guilt or innocence?



OOC:
*rereads*

4.3: Yay! Mega-fricken-loophole!

[Neo-Mekanta]

-OOC-
For once Neo-Mekanta will be going the same route as Kanuckistan and exploiting this loophole for all its worth.

Police in Neo-Mekanta can do jack shit against Mekantans, and they're most likely the ones behind any smuggling. Sure, the Tsthathi and Feran underlings might get caught, but the Mekantan is safe in Neo-Mekanta! ^_^

[The Mindset]

I fail to understand why you would want to exploit the loophole, as smuggling is damaging to both economies.

[Penguenia]

There is no loophole, really. Unless you have an unrealistically silly lack of law enforcment forces and your nation is in complete anarchy (that's what happens when no one enforces the law), the ESSCD could have trade enforcment power equal to theirs.

[Kanuckistan]

-OOC-
For once Neo-Mekanta will be going the same route as Kanuckistan and exploiting this loophole for all its worth.

Police in Neo-Mekanta can do jack shit against Mekantans, and they're most likely the ones behind any smuggling. Sure, the Tsthathi and Feran underlings might get caught, but the Mekantan is safe in Neo-Mekanta! ^_^

OOC:
Well, I was more thinking of the fact that local police aren't empowered to enforce foreign import and trade laws, and can neither put people on trial, nor extradite them.


Of course, Kanuckistani having something not dissimilar for contempt of foreigners attempting to impose their laws upon them, I'm sure we'll see some... bizarre bylaws passed by lower levels of government designed to inconvenience or embarrass ESSCD cops amoung communities that find their mandate particularly objectionable. IE, As an extream example, some town or province may require them to become over-endowed, bio/cyber-unaugmented fox-girls at their own expense and move about backwards while on pogo-sticks whenever on duty. Another may just require them to be totally illiterate. Etc. Tho all this would be local-level and in a minority of districts.

[Kanuckistan]

I fail to understand why you would want to exploit the loophole, as smuggling is damaging to both economies.

OOC:
Depends on your values. It's a trade off between potential economic benefit and what'll be seen as, potentially, a real infringement upon national sovereignty. Given the almost non-existent crime rate and absurdly tight boarder controls, to most Kanuckistani it's a no-brainer.



Although I'm now wondering who will be funding the ESSCD. And who will oversee them.