Request for Adjudication Concerning the Protocols of Erudition Agreement
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Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
JANEK TRYGGVE:
I'd like to discuss the nature of the Protocols of Erudition a bit further. To which degree do the parties consider the Protocols of Erudition a binding international treaty upon signature on 24.I.1675?
I'd like to discuss the nature of the Protocols of Erudition a bit further. To which degree do the parties consider the Protocols of Erudition a binding international treaty upon signature on 24.I.1675?
Last edited by Ric on Sun Apr 14, 2024 12:06 pm, edited 1 time in total.
Reason: typo, to > do
Reason: typo, to > do
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
TALITO PASHA:
I also have questions about the Protocols of Erudition. To the Petitioner, I ask in what way the Benacian Union has an interest under the protocols? The Benacian Union isn't mentioned anywhere in the protocols. That is a pretty key question, since it speaks to your standing to bring this suit at all.
I also have questions about the Protocols of Erudition. To the Petitioner, I ask in what way the Benacian Union has an interest under the protocols? The Benacian Union isn't mentioned anywhere in the protocols. That is a pretty key question, since it speaks to your standing to bring this suit at all.
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
Honorable Jurists, the preamble to the Protocols reads thusly:
“ The accredited representatives of Benacia Command, on behalf of the Raspur Pact, and the Postmaster of the March on behalf of the Emirate of Sathrati together with the Imperial Dominion of the Marquessate of Zy-Rodun and the Counties of Yardistan, Amity, and Mirioth, having met at Erudition on the island of Amity, on 24.I.1675, confirm their assent to the following Protocol which shall be considered to be binding upon both parties…”
While the Benacian Union is not mentioned in the text of the Protocols, the Raspur Pact and Honourable Company is. More specifically, Benacia Command. The Honourable Company and, more specifically, its Directorate of Benacian Operations is also a key party in that document. These entities have since been incorporated into the government of the Benacian Union. Likewise, the Imperial Republic of Shireroth is not mentioned in the text but the Marquessate of Zy-Rodun was and continues to be occupied by the Kaisaress Salome.
So, to answer the question from Jurist Tryggve:
A contract between the Kaisaress and the regional wing of an international alliance such as the Raspur Pact is indeed a binding international agreement.
And to the esteemed Jurist Pasha, the Benacian Union did not exist as it does today during the signing of the Protocols, but the Black legions of Benacian Command and the Directorate of Benacian Operations are now each vital organs of the union-state. Therefore, just as Her Niftiness is entitled to the rights and privileges of the Marquessate of Zy-Rodun, the Congress of Chryse is entitled to those of the aforementioned organs.
“ The accredited representatives of Benacia Command, on behalf of the Raspur Pact, and the Postmaster of the March on behalf of the Emirate of Sathrati together with the Imperial Dominion of the Marquessate of Zy-Rodun and the Counties of Yardistan, Amity, and Mirioth, having met at Erudition on the island of Amity, on 24.I.1675, confirm their assent to the following Protocol which shall be considered to be binding upon both parties…”
While the Benacian Union is not mentioned in the text of the Protocols, the Raspur Pact and Honourable Company is. More specifically, Benacia Command. The Honourable Company and, more specifically, its Directorate of Benacian Operations is also a key party in that document. These entities have since been incorporated into the government of the Benacian Union. Likewise, the Imperial Republic of Shireroth is not mentioned in the text but the Marquessate of Zy-Rodun was and continues to be occupied by the Kaisaress Salome.
So, to answer the question from Jurist Tryggve:
A contract between the Kaisaress and the regional wing of an international alliance such as the Raspur Pact is indeed a binding international agreement.
And to the esteemed Jurist Pasha, the Benacian Union did not exist as it does today during the signing of the Protocols, but the Black legions of Benacian Command and the Directorate of Benacian Operations are now each vital organs of the union-state. Therefore, just as Her Niftiness is entitled to the rights and privileges of the Marquessate of Zy-Rodun, the Congress of Chryse is entitled to those of the aforementioned organs.
Last edited by Ryker on Mon Apr 15, 2024 11:52 pm, edited 1 time in total.
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
TALITO PASHA:
I ask the Respondent, the Petitioner has entered into evidence what looks like preliminary negotiations regarding the Protocols of Erudition between the Benacian Union and Shireroth. You argue in your motion to dismiss that neither of these entities are parties to the protocols. I might have misunderstood something, but if you don't consider Shireroth or the Benacian Union to be parties to the protocol, why did your client participate in the negotiations?
I apologise for interrupting my colleague, I'll let you answer their question first and then mine.
I ask the Respondent, the Petitioner has entered into evidence what looks like preliminary negotiations regarding the Protocols of Erudition between the Benacian Union and Shireroth. You argue in your motion to dismiss that neither of these entities are parties to the protocols. I might have misunderstood something, but if you don't consider Shireroth or the Benacian Union to be parties to the protocol, why did your client participate in the negotiations?
I apologise for interrupting my colleague, I'll let you answer their question first and then mine.
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
MICRAS TREATY ORGANISATION
MTO COURT
ORDER BY TALITO PASHA, JURIST
Answers to questions are expected by April 24 at the latest. If no answers have been received by that date, the Court will proceed to consider the motion to dismiss.
SO ORDERED
MTO COURT
ORDER BY TALITO PASHA, JURIST
Answers to questions are expected by April 24 at the latest. If no answers have been received by that date, the Court will proceed to consider the motion to dismiss.
SO ORDERED
- James E Wilary
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Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
Jurist TRYGGVE,
The Imperial Republic of Shireroth believes that, should the Court find a binding international treaty was formed, that date is 24.I.1675 AN. Nonetheless, there is a deficiency in the formation of the Protocols. The Protocols of Erudition were agreed on by the Postmaster of the March on behalf of the Emirate of Sathrati. By Sathrati law, a postmaster is the executive of the corporation aggregate responsible for the mail and communications in a march. Sathrati const. sched. 6 (1622 AN). The Postmaster lacked the appropriate authority to bind the Emirate.
Accordingly, the Respondent denies that a binding international treaty existed by any signature.
James Erkenfried Wilary
Kingdom of Meckelnburgh
Commonwealth of Port Balaine
Kingdom of Meckelnburgh
Commonwealth of Port Balaine
- James E Wilary
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- Joined: Thu Dec 02, 2010 7:21 am
- Location: Albuquerque, NM, USA
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
Jurist PASHA,Malliki wrote: ↑Sun Apr 14, 2024 6:45 pmTALITO PASHA:
I ask the Respondent, the Petitioner has entered into evidence what looks like preliminary negotiations regarding the Protocols of Erudition between the Benacian Union and Shireroth. You argue in your motion to dismiss that neither of these entities are parties to the protocols. I might have misunderstood something, but if you don't consider Shireroth or the Benacian Union to be parties to the protocol, why did your client participate in the negotiations?
I apologise for interrupting my colleague, I'll let you answer their question first and then mine.
Please correct me if I have misunderstood your question. If Your Honor refers to the recent Congress of Chryse whose discussion by those Representatives were quoted by the Petitioner, the Imperial Republic of Shireroth argues it is not relevant. It is within the best interests of nations to attempt amicable solutions and to offer to compromise a dispute before they escalate to formal actions, such as this case demonstrates is possible. Nonetheless, the Representative of the Thuylemans Administration did indicate that the discussion of the Protocols was not a “negotiation” but a “demand” to the Petitioner to cease “meddling in our domestic affairs.” The Respondent rejected the position of the Benacian Union that a renegotiation with the Imperial Republic of Shireroth was available.
In any instance, Your Honor, the Respondent argues that extrinsic evidence is not appropriate to determine the legal obligations under the Protocols. The parties to the agreement are delineated in ink and the Court should not read in terms that could have—if appropriate—but were not included some 50 years ago. The Respondent will happily make any statement addressing the prior arguments of the Benacian Union if requested.
James Erkenfried Wilary
Kingdom of Meckelnburgh
Commonwealth of Port Balaine
Kingdom of Meckelnburgh
Commonwealth of Port Balaine
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
MICRAS TREATY ORGANISATION
MTO COURT
TALITO PASHA, JURIST
I have a final question for the Petitioner. According to the protocols they were entered into by the "accredited representatives of Benacia Command, on behalf of the Raspur Pact". According to the dictionary, on behalf of means "done for another person’s benefit or support, or because you are representing the interests of that person". As I see the common reading of the protocols, one party is the Raspur Pact. What reading of that passage can you give me that turns that party into the Benacian Union?
MTO COURT
TALITO PASHA, JURIST
I have a final question for the Petitioner. According to the protocols they were entered into by the "accredited representatives of Benacia Command, on behalf of the Raspur Pact". According to the dictionary, on behalf of means "done for another person’s benefit or support, or because you are representing the interests of that person". As I see the common reading of the protocols, one party is the Raspur Pact. What reading of that passage can you give me that turns that party into the Benacian Union?
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Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
May it please the court,
In behalf of the petitioner:
With the establishment of the Benacian Union following the Second Elwynnese Civil War, many political aspects of the operations of Benacia Command were transferred to the union. For instance this included command of the Black Legions and the government of the Unified Governorates of Benacia, which was until then in essence territories administered by an occupation government for the Raspur Pact.
However, the Benacian Union remains firmly wedded to the Raspur Pact, via the Congress of Chryse. The Congress, being the highest legislative body of the Benacian Union, is one that, being comprised of the victors of the Second Elwynnese Civil War placed itself above all laws from the moment of its victory. As a self-appointed permanent institution, comprised of representatives of Benacia Command, the Honourable Company, and the Nationalist & Humanist Party. As such the Raspur Pact may freely utilise the Benacian Union as an instrument of policy in regards to Benacian matters within its interests, such as the rights granted by the Protocols of Erudition. In this matter, the Honourable Company, being also an interested party in the Protocols of Erudition, is represented on the Congress also. All things will align when directed by authority to do so.
In behalf of the petitioner:
With the establishment of the Benacian Union following the Second Elwynnese Civil War, many political aspects of the operations of Benacia Command were transferred to the union. For instance this included command of the Black Legions and the government of the Unified Governorates of Benacia, which was until then in essence territories administered by an occupation government for the Raspur Pact.
However, the Benacian Union remains firmly wedded to the Raspur Pact, via the Congress of Chryse. The Congress, being the highest legislative body of the Benacian Union, is one that, being comprised of the victors of the Second Elwynnese Civil War placed itself above all laws from the moment of its victory. As a self-appointed permanent institution, comprised of representatives of Benacia Command, the Honourable Company, and the Nationalist & Humanist Party. As such the Raspur Pact may freely utilise the Benacian Union as an instrument of policy in regards to Benacian matters within its interests, such as the rights granted by the Protocols of Erudition. In this matter, the Honourable Company, being also an interested party in the Protocols of Erudition, is represented on the Congress also. All things will align when directed by authority to do so.
All this has happened before, and all this will happen again.
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
MICRAS TREATY ORGANISATION
MTO COURT
BENACIAN UNION v IMPERIAL REPUBLIC OF SHIREROTH
RULING ON MOTION TO DISMISS
For the Petitioner to have standing to bring suit under the Protocols of Erudition, the Petitioner needs to be a party to the Protocols. The first sentence of the Protocols reads as follows:
With this conclusion, the Court grants the Respondent's motion to dismiss on the grounds that Petitioner, the Benacian Union, lacks standing due to not being a party to the Protocols of Erudition.
PER CURIAM
MTO COURT
BENACIAN UNION v IMPERIAL REPUBLIC OF SHIREROTH
RULING ON MOTION TO DISMISS
For the Petitioner to have standing to bring suit under the Protocols of Erudition, the Petitioner needs to be a party to the Protocols. The first sentence of the Protocols reads as follows:
The common, dictionary reading of the term "on behalf of" in a legal context is that a person signs in the name and with the authority of another person. In this case, the text is interpreted to mean that the accredited representatives of Benacia Command signed the Protocols in the name and with the authority of the Raspur Pact, thereby making the Raspur Pact one of the parties to the Protocols, not Benacia Command and therefore not the Benacian Union.The accredited representatives of Benacia Command, on behalf of the Raspur Pact, and the Postmaster of the March on behalf of the Emirate of Sathrati together with the Imperial Dominion of the Marquessate of Zy-Rodun and the Counties of Yardistan, Amity, and Mirioth, having met at Erudition on the island of Amity, on 24.I.1675, confirm their assent to the following Protocol which shall be considered to be binding upon both parties
With this conclusion, the Court grants the Respondent's motion to dismiss on the grounds that Petitioner, the Benacian Union, lacks standing due to not being a party to the Protocols of Erudition.
PER CURIAM