Request for Adjudication Concerning the Protocols of Erudition Agreement
Moderators: Staff, MTO Secretaries
Request for Adjudication Concerning the Protocols of Erudition Agreement
Esteemed Jurists,
The Benacian Union respectfully requests the MTO Court to initiate proceedings against Shireroth regarding their efforts to unilaterally void the Protocols of Erudition without offering due compensation, contrary to the principles of fairness, equity, and the agreed terms.
This action by Shireroth is perceived as a breach of our bilateral agreement and international norms. The Protocols of Erudition represent a cornerstone of cooperation between our nations, and Shireroth's attempt to disregard its obligations therein without negotiation or compensation threatens not only bilateral relations but also the integrity of international agreements.
The Benacian Union seeks the Court's intervention to uphold the principles of the Convention on the Establishment of a Common Court and to ensure that justice is served. We are prepared to submit all relevant documents, evidence, and testimonies to substantiate our claim.
We trust in the Court's capacity to fairly adjudicate this dispute and to reinforce the respect for agreements made under the aegis of international law.
We await your guidance on this matter and are fully committed to participating in the proceedings as required.
Sincerely,
Brugen Aldef, Speaker for Ketsire in the Miþuï and Director of Benacian Operations of the Honourable Company
The Benacian Union respectfully requests the MTO Court to initiate proceedings against Shireroth regarding their efforts to unilaterally void the Protocols of Erudition without offering due compensation, contrary to the principles of fairness, equity, and the agreed terms.
This action by Shireroth is perceived as a breach of our bilateral agreement and international norms. The Protocols of Erudition represent a cornerstone of cooperation between our nations, and Shireroth's attempt to disregard its obligations therein without negotiation or compensation threatens not only bilateral relations but also the integrity of international agreements.
The Benacian Union seeks the Court's intervention to uphold the principles of the Convention on the Establishment of a Common Court and to ensure that justice is served. We are prepared to submit all relevant documents, evidence, and testimonies to substantiate our claim.
We trust in the Court's capacity to fairly adjudicate this dispute and to reinforce the respect for agreements made under the aegis of international law.
We await your guidance on this matter and are fully committed to participating in the proceedings as required.
Sincerely,
Brugen Aldef, Speaker for Ketsire in the Miþuï and Director of Benacian Operations of the Honourable Company
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
The petition has been registered on the court docket
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
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BENACIAN UNION v IMPERIAL REPUBLIC OF SHIREROTH
ORDER OF THE COURT
The Court orders the Parties as follows:
1. The Parties shall provide the Court with the name(s) of counsel representing the Parties in this Court.
2. The Petitioner shall brief the Court on the claims brought, including all evidence as well as the relief sought. The Court will only consider evidence brought and relief sought.
3. The Respondent shall file a brief in response to the brief filed by the Petitioner.
4. The Petitioner shall serve this Order and the brief filed on the Respondent. Evidence of the Order and brief having been served shall be provided to the Court.
This order can be amended by the Court or a Jurist as needed.
IT IS SO ORDERED.
TALITO PASHA
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
The counsel of the Benacian Union will be led by Frainan Streïakeï Kurt Stalbhammer, Director of the Political Directorate on the general staff of Benacia Command; and assisted by Brugen Aldef, Speaker for Ketsire in the Miþuï and Director of Benacian Operations of the Honourable Company.
As for evidence:
There was, during the Last Congress of Chryse, an attempt to begin a renegotiation of the Protocols, but efforts at compromise were ultimately rejected by the Administration in Shirekeep.
And here is the most recent attempt to render the Honourable Company's operations in Shirekeep illegal, as decreed in 1730:
These, along with the unprecedented and outrageous fate which was met by the late Mr. Shas in the wake of what was a tragic accident between supposed allies, demonstrate a reckless and unreasonable unwillingness to accept any attempt at diplomacy with the Benacian Union which places both nations on equal footing.
As relief, the Benacian Union requests that the Imperial Republic of Shireroth 1) Open a renegotiation of the Protocols of Erudition, to be arbitrated by a third party that is deemd agreeable by both parties, 2) Pay for and cooperate with the Bencaion Union to arrange a formal burial for Abner Shas, and 3) Abide by the Protocols of Eridition in their present form in good faith until such time that they are replaced or amended in a manner suitable to both parties.
We believe this small list is more than reasonable and hope that it will lead to broader deescalation in tensions across Benacia.
As for evidence:
There was, during the Last Congress of Chryse, an attempt to begin a renegotiation of the Protocols, but efforts at compromise were ultimately rejected by the Administration in Shirekeep.
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Thuylemans Administration Representative —
...Simply put, the ball is in your court. It is on the Union to prove that it harbours no ill will towards our nation and that it seeks a mutually beneficial relationship. Until then, we cannot trust the sincerity of your words. It is on you to avoid that a generation does not drift away from the ideals of brotherhood, as currently it's successfully making cooperation impossible through its actions, despite the nifty words used in these talks.
Mithui Representative —
That these talks have taken place at all shows a willingness to move away from the current dynamic. There are forces within the Union which are as you say, hungry for control. You stand to play into their hands by removing Shirekeep’s voice from the Pact. It is the belief of the Mithui that peace is earned through the efforts of those who work to maintain it in defiance of those seeking the path of least resistance. We request that your government consider pausing its exit plans for a period of 4 years. Let this next Congress show itself to be one that will recover Benacian diplomacy. Show the skeptics on both sides that peace is a priority and can be maintained, even in the bleakest times. Let us both, the Mithui and your Regency, forge a path together. Let there be no more wars of lost brothers.
Thuylemans Administration Representative —
It hurts to say that these feel like empty promises. Well meant, certainly, but if the Pact is the only thing that keeps the Union from destroying this meagre peace, then one can only have doubts about the potential success of the Mithui. You already had 3 years since the start of this administration, but we only saw increased aggression and not once did the Mithui or any member state of either the Pact or Union itself object the actions taken.
Mithui Representative —
It had been our hope that we would not need to overstep, as our efforts have been focused internally on matters of the Realm and Union. By design, the Union moves slowly, each part of itself countering the other. Only in the Congress, held but one of every four or so years, can the course be shifted to a degree that your government’s standards may find suitably severe. Neither we nor your government were in a desirable position to renegotiate the foreign policy of the Union since the last Congress. Give us cause to advocate on your behalf in the coming year, and we will work to resolve this matter, slow though it may be. I assure you, the slow descent from rivalry to enemy is far shorter than the climb ahead to understanding, but there is a hellish bottom to the former, and only bright skies before the latter.
Thuylemans Administration Representative —
Shireroth holds no responsibility for the slow changes in the Union's foreign policy and shall not wait another four years in the hope it will be more beneficial towards our Imperial Republic.
Your nation acted quickly enough in its attempts to infiltrate our Forces, steal equipment and launch a military operation, while formally following a policy of friendship with our Empire. We're sure there's some breathing space in your slow policies.
If any meaningful progress takes as long as you want us to believe, we better grasp the opportunity ourselves and exterminate the domestic humanist cancer which plagues our nation.
However, if the Union is capable of assuring us:
that any affiliated organisations and political influence within Sathrati will be terminated;
that support towards Humanist organisations within Shireroth is ceased;
that access to the Elwynn River is assured at all times;
that no Raspurid troops will access our country without approval;
that the BU apologizes for its disproportional meddling in our domestic affairs;
Then we could perhaps start decent talks.
Mithui Representative —
Shireroth did agree to the Protocols. A renegotiation is certainly feasible, though.
Humanism is the core of the Union, but it does not have to be disruptive. We believe an understanding can be reached to your ends
A treaty to this effect is overdue on both sides. You have our unconditional support.
As we have previously stated, your place in the Pact affords you great influence. Should you desire assistance in using it to this end, we offer it.
There is certainly room for such a gesture, though it will have to be crafted, proposed, and implemented with the utmost care.
We are but one facet of the Union, albeit a powerful one. The risk we take even in continuing this communique speaks to our commitment to forging a better future. Should you be willing to work with us in good faith as we offer to in kind, we all stand to gain everything we each desire in due course.
Thuylemans Administration Representative —
1 & 2. With all respect, honourable representative. This is not a negotiation, it's not a request. It's a demand and the clock is ticking. If not followed as swiftly as possible, cooperation becomes an impossibility. We shall not wait four years to stop the meddling of a foreign nation - ally or foe - to in our politics and policies.🫡
Mithui Representative —
In regard to point 1, we fail to understand your reasoning. You do not trust the Union or its benefactors, yet you leave it solely to us to reshuffle the governing order in Sathrati? Surely bringing all relevant parties to renegotiate would be preferable, if only to avoid further misunderstanding.
As to the second point, we should perhaps rephrase. Your concerns are valid, as our own body has wrestled against political monopoly from the very same force you now hold in such contempt. Political support for Humanistm may not entirely cease, but providing the kind of support which enables any aims of destabilization within the Imperial Republic should surely be halted.
As to the time table, it is not our expectation that results will only be seen after four years have passed. Rather, we are confident that by that time, enough progress may be made that your government, and indeed your people, will no longer see such a pressing need to withdraw from the Pact, as our collective efforts bear fruit.
Thuylemans Administration Representative —
As Steward I can (informally) not understand any hesitation concerning step 1: we will handle this, but expect no interference from the BU or RP. There is no negotiation necessary, as we will disband this unequal treaty. Negotiations would require - knowing the Union - to trade something for releasing this power. Let it be clear that we will not negotiate about this, but only expect cooperation.
As said, we are not bound, not interested, by those four years. We see little reason at the moment to not go further on the chosen path. This whole discussion lacks any real advantages for Shireroth except an empty title of leading nation in Apollonia (hollow words, now).
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By the grace of our beloved Kaiseress Salome, we, Steward Louis Thuylemans, do hereby issue this most noble and urgent decree. Hear ye, hear ye!
For too long have foreign powers sought to exert their will upon our great nation, to undermine our sovereignty and subvert our interests. No more shall we stand idly by as these forces seek to weaken the foundations of our glorious Imperial Republic.
As of this day, it is decreed that all foreign companies and governments are strictly prohibited from interfering in the internal affairs of Shireroth. Any attempts to do so will be met with swift and severe consequences. The integrity of our realm must be respected, and those who would seek to compromise it will be dealt with accordingly.
Furthermore, we hereby declare that foreign organizations and companies operating within our borders must be limited in their influence and power. They shall not be permitted to acquire excessive holdings or control over our domestic industries and resources. We shall not be beholden to the whims of distant lands; our destiny shall be determined by us alone.
In light of this, we hereby mandate that domestic production and industry take precedence over all else. Our people shall labor for the betterment of our own nation, and not for the benefit of foreign powers. We shall strive towards self-sufficiency and independence, relying on our own strength and ingenuity to build a brighter future for ourselves and our children.
As relief, the Benacian Union requests that the Imperial Republic of Shireroth 1) Open a renegotiation of the Protocols of Erudition, to be arbitrated by a third party that is deemd agreeable by both parties, 2) Pay for and cooperate with the Bencaion Union to arrange a formal burial for Abner Shas, and 3) Abide by the Protocols of Eridition in their present form in good faith until such time that they are replaced or amended in a manner suitable to both parties.
We believe this small list is more than reasonable and hope that it will lead to broader deescalation in tensions across Benacia.
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
Also submitted into evidence is the Protocols of Erudition:
https://micras.org/mwiki/Protocols_of_Erudition
https://micras.org/mwiki/Protocols_of_Erudition
- James E Wilary
- Posts: 75
- Joined: Thu Dec 02, 2010 7:21 am
- Location: Albuquerque, NM, USA
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
COMMON COURT OF THE MICRAS TREATY ORGANIZATION
MICRAS TREATY ORGANIZATION
BENACIAN UNION,
Petitioner,
v
IMPERIAL REPUBLIC OF SHIREROTH,
Respondent.
NOTICE OF APPEARANCE
COMES NOW, Respondent Imperial Republic of Shireroth and hereby gives notice of the appearance of Dame Sandra Claudia, SL and Brycen Nelda, SL of Du Tertre, Willems, Zachry & Vilhjálmsson as the counsel of record on behalf of the Respondent.
Respectfully submitted,
/s/_Brycen_Nelda__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
MICRAS TREATY ORGANIZATION
BENACIAN UNION,
Petitioner,
v
IMPERIAL REPUBLIC OF SHIREROTH,
Respondent.
NOTICE OF APPEARANCE
COMES NOW, Respondent Imperial Republic of Shireroth and hereby gives notice of the appearance of Dame Sandra Claudia, SL and Brycen Nelda, SL of Du Tertre, Willems, Zachry & Vilhjálmsson as the counsel of record on behalf of the Respondent.
Respectfully submitted,
/s/_Brycen_Nelda__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
Last edited by James E Wilary on Mon Apr 08, 2024 8:15 pm, edited 1 time in total.
James Erkenfried Wilary
Kingdom of Meckelnburgh
Commonwealth of Port Balaine
Kingdom of Meckelnburgh
Commonwealth of Port Balaine
- James E Wilary
- Posts: 75
- Joined: Thu Dec 02, 2010 7:21 am
- Location: Albuquerque, NM, USA
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
COMMON COURT OF THE MICRAS TREATY ORGANIZATION
MICRAS TREATY ORGANIZATION
BENACIAN UNION,
Petitioner,
v
IMPERIAL REPUBLIC OF SHIREROTH,
Respondent.
MOTION TO DISMISS
COMES NOW, Respondent Imperial Republic of Shireroth and, before full briefing in this matter, respectfully requests that the Jurists of the Common Court to dismiss the Petition filed by Petitioner Benacian Union. The parties to this matter are improper for adjudications of these claims and cannot either pursue nor be held responsible for the agreements allegedly breached. In support thereof, the Respondent states:
A. The Petition must be dismissed because the Benacian Union is not the real party in interest and cannot pursue this claim.
The Protocols of Erudition were agreed to between the Raspur Pact and Emirate of Sathrati and entered into on 24.I.1675 AN. 1st Protocol of Erudition, pmbl., 1675 AN. The negotiations of the Protocols were conducted under the auspices of the Benacia Command of the Raspur Pact. The Benacian Union was not a party to this agreement nor was a signatory, id., and thus the Petitioner cannot claim benefits, bargains, or obligations of the Protocols. The benefits of the Protocols further mention the Benacian Operations for the Honourable Corporation. Id. § 4. As evidenced, the Benacia Union is represented by the Benacia Command and the Benacian Operations of the Honourable Company. Petition. Were relief granted in this case, it could not be for the benefit of the Petitioner but for the Raspur Pact—only the Raspur Pact may pursue the case as the real party in interest. Accordingly, the Petition of the Benacian Union must be dismissed.
B. The Petition must be dismissed for want of jurisdiction because the Raspur Pact is the real party in interest and is not a signatory of the Convention.
Should the Court be inclined to substitute the Benacian Union for the Benacia Command of the Raspur Pact, this case must nonetheless be dismissed. Only a sovereign state of Micras may sign or ratify the Treaty of General Membership to the Micras Treaty Organization. MTO Gen. Mem. Treaty, § 3, 1686 AN. Likewise, the Convention on the Establishment of a Common Court, which grants this Court’s lawful jurisdiction, only contemplates a state or nation. See Common Court Convention, §§ 1, 3–8, 1686 AN. (“The Court shall have jurisdiction over matters pertaining to international dispute between signatory nations.” (emphasis added)). The Raspur Pact is not a party to either agreement nor could it as an intergovernmental multilateral alliance. Accordingly, the Petition of the Benacian Union must be dismissed and this case closed.
C. The Petition must be dismissed because the Imperial Republic of Shireroth is an improper party respondent and cannot be held liable for the claim.
The Protocols of Erudition were agreed to by the Emirate of Sathrati and the Benacia Command of the Raspur Pact in 1675 AN. 1st Protocol of Erudition, pmbl., § 2. Sathrati was an independent state from 1671 to 1685 AN. Id., pmbl. By the Protocols, the obligations of the agreements exist with the name of the Emira of Sathrati, who could solely be the proper party respondent. Id. § 4. The Petition submitted by the Benacian Union fails to identify the basis now the Respondent is in privity under the protocols to the Raspur Pact. The Imperial Republic of Shireroth has never negotiated the Protocols or otherwise ratified its participation in them. In fact, the basis of the Petition by the Benacian Union is the Respondent has declined to participate in renegotiating the Protocols. Petition. Accordingly, the Petition of the Benacian Union must be dismissed.
WHEREFORE, Respondent Imperial Republic of Shireroth respectfully requests that this Court enter an order dismissing the Petition for want of jurisdiction and the proper parties, and to enter such other relief as is just and proper.
Respectfully submitted,
/s/_Dame_Sandra_Claudia__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
MICRAS TREATY ORGANIZATION
BENACIAN UNION,
Petitioner,
v
IMPERIAL REPUBLIC OF SHIREROTH,
Respondent.
MOTION TO DISMISS
COMES NOW, Respondent Imperial Republic of Shireroth and, before full briefing in this matter, respectfully requests that the Jurists of the Common Court to dismiss the Petition filed by Petitioner Benacian Union. The parties to this matter are improper for adjudications of these claims and cannot either pursue nor be held responsible for the agreements allegedly breached. In support thereof, the Respondent states:
A. The Petition must be dismissed because the Benacian Union is not the real party in interest and cannot pursue this claim.
The Protocols of Erudition were agreed to between the Raspur Pact and Emirate of Sathrati and entered into on 24.I.1675 AN. 1st Protocol of Erudition, pmbl., 1675 AN. The negotiations of the Protocols were conducted under the auspices of the Benacia Command of the Raspur Pact. The Benacian Union was not a party to this agreement nor was a signatory, id., and thus the Petitioner cannot claim benefits, bargains, or obligations of the Protocols. The benefits of the Protocols further mention the Benacian Operations for the Honourable Corporation. Id. § 4. As evidenced, the Benacia Union is represented by the Benacia Command and the Benacian Operations of the Honourable Company. Petition. Were relief granted in this case, it could not be for the benefit of the Petitioner but for the Raspur Pact—only the Raspur Pact may pursue the case as the real party in interest. Accordingly, the Petition of the Benacian Union must be dismissed.
B. The Petition must be dismissed for want of jurisdiction because the Raspur Pact is the real party in interest and is not a signatory of the Convention.
Should the Court be inclined to substitute the Benacian Union for the Benacia Command of the Raspur Pact, this case must nonetheless be dismissed. Only a sovereign state of Micras may sign or ratify the Treaty of General Membership to the Micras Treaty Organization. MTO Gen. Mem. Treaty, § 3, 1686 AN. Likewise, the Convention on the Establishment of a Common Court, which grants this Court’s lawful jurisdiction, only contemplates a state or nation. See Common Court Convention, §§ 1, 3–8, 1686 AN. (“The Court shall have jurisdiction over matters pertaining to international dispute between signatory nations.” (emphasis added)). The Raspur Pact is not a party to either agreement nor could it as an intergovernmental multilateral alliance. Accordingly, the Petition of the Benacian Union must be dismissed and this case closed.
C. The Petition must be dismissed because the Imperial Republic of Shireroth is an improper party respondent and cannot be held liable for the claim.
The Protocols of Erudition were agreed to by the Emirate of Sathrati and the Benacia Command of the Raspur Pact in 1675 AN. 1st Protocol of Erudition, pmbl., § 2. Sathrati was an independent state from 1671 to 1685 AN. Id., pmbl. By the Protocols, the obligations of the agreements exist with the name of the Emira of Sathrati, who could solely be the proper party respondent. Id. § 4. The Petition submitted by the Benacian Union fails to identify the basis now the Respondent is in privity under the protocols to the Raspur Pact. The Imperial Republic of Shireroth has never negotiated the Protocols or otherwise ratified its participation in them. In fact, the basis of the Petition by the Benacian Union is the Respondent has declined to participate in renegotiating the Protocols. Petition. Accordingly, the Petition of the Benacian Union must be dismissed.
WHEREFORE, Respondent Imperial Republic of Shireroth respectfully requests that this Court enter an order dismissing the Petition for want of jurisdiction and the proper parties, and to enter such other relief as is just and proper.
Respectfully submitted,
/s/_Dame_Sandra_Claudia__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
Last edited by James E Wilary on Mon Apr 08, 2024 8:15 pm, edited 1 time in total.
James Erkenfried Wilary
Kingdom of Meckelnburgh
Commonwealth of Port Balaine
Kingdom of Meckelnburgh
Commonwealth of Port Balaine
- James E Wilary
- Posts: 75
- Joined: Thu Dec 02, 2010 7:21 am
- Location: Albuquerque, NM, USA
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
COMMON COURT OF THE MICRAS TREATY ORGANIZATION
MICRAS TREATY ORGANIZATION
BENACIAN UNION,
Petitioner,
v
IMPERIAL REPUBLIC OF SHIREROTH,
Respondent.
CERTIFICATE OF SERVICE
COMES NOW, Respondent Imperial Republic of Shireroth and hereby gives notice that on 20.IV.1731 AN the following documents were served on Petitioner Benacian Union:
1. Notice of Appearance
2. Motion to Dismiss
Respectfully submitted,
/s/_Brycen_Nelda__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
MICRAS TREATY ORGANIZATION
BENACIAN UNION,
Petitioner,
v
IMPERIAL REPUBLIC OF SHIREROTH,
Respondent.
CERTIFICATE OF SERVICE
COMES NOW, Respondent Imperial Republic of Shireroth and hereby gives notice that on 20.IV.1731 AN the following documents were served on Petitioner Benacian Union:
1. Notice of Appearance
2. Motion to Dismiss
Respectfully submitted,
/s/_Brycen_Nelda__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
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
COMMON COURT OF THE MTO
BENACIAN UNION v IMPERIAL REPUBLIC OF SHIREROTH
ORDER OF TALITO PASHA, JURIST
Counsel for the Benacian Union, Petitioner, is invited to express their views on the motion to dismiss submitted by Respondent. After statements by Petitioner, the Respondent shall be allowed one rebuttal. Following this, the Jurists of the Court shall ask questions, first to Petitioner, then to Respondent. The Court shall then retire and issue an opinion of the Court.
TALITO PASHA
BENACIAN UNION v IMPERIAL REPUBLIC OF SHIREROTH
ORDER OF TALITO PASHA, JURIST
Counsel for the Benacian Union, Petitioner, is invited to express their views on the motion to dismiss submitted by Respondent. After statements by Petitioner, the Respondent shall be allowed one rebuttal. Following this, the Jurists of the Court shall ask questions, first to Petitioner, then to Respondent. The Court shall then retire and issue an opinion of the Court.
TALITO PASHA
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
The counsel for the Benacian Union responds that, by inheriting the Black Legions, the Benacian Union has assumed the actionable parts of Benacia Command's obligations under the Protocols.
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
Shall I interpret that short rebuttal as the only response of the Benacian Union to the motion to dismiss?
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
Noted.
Counsel for the Respondent may make a final rebuttal.
Counsel for the Respondent may make a final rebuttal.
- James E Wilary
- Posts: 75
- Joined: Thu Dec 02, 2010 7:21 am
- Location: Albuquerque, NM, USA
Re: Request for Adjudication Concerning the Protocols of Erudition Agreement
COMMON COURT OF THE MICRAS TREATY ORGANIZATION
MICRAS TREATY ORGANIZATION
BENACIAN UNION,
Petitioner,
v
IMPERIAL REPUBLIC OF SHIREROTH,
Respondent.
REBUTTAL IN SUPPORT OF MOTION TO DISMISS
COMES NOW, Respondent Imperial Republic of Shireroth and respectfully submits this Rebuttal to the Response of Petitioner Benacian Union. The Petitioner has failed to rebut the arguments of the Respondent in its Motion, and thus dismissal is proper. Nonetheless, the Benacian Union has not demonstrated that it enjoys the right to pursue this matter in its name because of a relationship between the Benacia Command and the Black Legions. Therefore, this matter should be dismissed.
A. Dismissal is appropriate because the Petitioner cannot claim privity to the Raspur Pact or a third-party benefit under the Protocols by way of its relationship to the Black Legions.
As stated in the Motion, the Protocols of Erudition were entered into by the Emirate of Sathrati and the Raspur Pact via representatives from the Benacia Command. Protocols of Erudition, pmbl., 1675 AN (“The accredited representatives of Benacia Command, on behalf of the Raspur Pact . . . .”). The Petitioner asserts that, by inheriting the Black Legions, it “assumed the actionable parts of Benacia Command’s obligations.” Pet.’s Response. The Petitioner does not identify what the actionable parts are. Id. Nonetheless, the Black Legions were not a party to the agreement. The Black Legions are not the Raspur Pact. The only reference to the Black Legions in the Protocols is in the final paragraph stating the military forces of Sathrati, the Jaysh al-Sathrati, will receive compensation packages and terms “as if they had enrolled in the Black Legions.” Protocols of Erudition, § 11. The Raspur Pact, the actual named signatory, has not dissolved, and is not under the sovereign control of the Benacian Union.
Furthermore, the Petitioner cannot inherit any obligations of the Protocols via the Black Legions because the Black Legions are not a beneficiary of the Protocols. No provision of the Protocols obligates the Black Legions. See generally Protocols of Erudition. To any extent that the Black Legions have benefited from the Protocols, the benefits are incidental to the actual agreement. The Benacian Union cannot pursue a matter to obligate a third party to perform on some agreement because it may profit from its consequences. Accordingly, the Petitioner is not the appropriate party in interest and the Motion must be granted.
B. Dismissal is appropriate because the Petitioner has failed to demonstrate that the Respondent is the appropriate party respondent.
In its Motion, the Respondent presented this Court with the argument that the Imperial Republic of Shireroth is not the appropriate respondent, and that obligation lies with the Emirate of Sathrati and its successors. No response was made by the Benacian Union to this point. Accordingly, the Motion must be granted.
WHEREFORE, Respondent Imperial Republic of Shireroth respectfully requests that this Court enter an order dismissing the Petition and enter such other relief as is just and proper.
Respectfully submitted,
/s/_Dame_Sandra_Claudia__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
CERTIFICATE OF SERVICE
COMES NOW, Respondent Imperial Republic of Shireroth and hereby gives notice that on 10.VI.1731 AN the previous document was served on Petitioner Benacian Union.
/s/_Dame_Sandra_Claudia__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
MICRAS TREATY ORGANIZATION
BENACIAN UNION,
Petitioner,
v
IMPERIAL REPUBLIC OF SHIREROTH,
Respondent.
REBUTTAL IN SUPPORT OF MOTION TO DISMISS
COMES NOW, Respondent Imperial Republic of Shireroth and respectfully submits this Rebuttal to the Response of Petitioner Benacian Union. The Petitioner has failed to rebut the arguments of the Respondent in its Motion, and thus dismissal is proper. Nonetheless, the Benacian Union has not demonstrated that it enjoys the right to pursue this matter in its name because of a relationship between the Benacia Command and the Black Legions. Therefore, this matter should be dismissed.
A. Dismissal is appropriate because the Petitioner cannot claim privity to the Raspur Pact or a third-party benefit under the Protocols by way of its relationship to the Black Legions.
As stated in the Motion, the Protocols of Erudition were entered into by the Emirate of Sathrati and the Raspur Pact via representatives from the Benacia Command. Protocols of Erudition, pmbl., 1675 AN (“The accredited representatives of Benacia Command, on behalf of the Raspur Pact . . . .”). The Petitioner asserts that, by inheriting the Black Legions, it “assumed the actionable parts of Benacia Command’s obligations.” Pet.’s Response. The Petitioner does not identify what the actionable parts are. Id. Nonetheless, the Black Legions were not a party to the agreement. The Black Legions are not the Raspur Pact. The only reference to the Black Legions in the Protocols is in the final paragraph stating the military forces of Sathrati, the Jaysh al-Sathrati, will receive compensation packages and terms “as if they had enrolled in the Black Legions.” Protocols of Erudition, § 11. The Raspur Pact, the actual named signatory, has not dissolved, and is not under the sovereign control of the Benacian Union.
Furthermore, the Petitioner cannot inherit any obligations of the Protocols via the Black Legions because the Black Legions are not a beneficiary of the Protocols. No provision of the Protocols obligates the Black Legions. See generally Protocols of Erudition. To any extent that the Black Legions have benefited from the Protocols, the benefits are incidental to the actual agreement. The Benacian Union cannot pursue a matter to obligate a third party to perform on some agreement because it may profit from its consequences. Accordingly, the Petitioner is not the appropriate party in interest and the Motion must be granted.
B. Dismissal is appropriate because the Petitioner has failed to demonstrate that the Respondent is the appropriate party respondent.
In its Motion, the Respondent presented this Court with the argument that the Imperial Republic of Shireroth is not the appropriate respondent, and that obligation lies with the Emirate of Sathrati and its successors. No response was made by the Benacian Union to this point. Accordingly, the Motion must be granted.
WHEREFORE, Respondent Imperial Republic of Shireroth respectfully requests that this Court enter an order dismissing the Petition and enter such other relief as is just and proper.
Respectfully submitted,
/s/_Dame_Sandra_Claudia__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
CERTIFICATE OF SERVICE
COMES NOW, Respondent Imperial Republic of Shireroth and hereby gives notice that on 10.VI.1731 AN the previous document was served on Petitioner Benacian Union.
/s/_Dame_Sandra_Claudia__
Dame Sandra Claudia, SL
Brycen Nelda, SL
DU TERTRE, WILLEMS, ZACHRY
& VILHJÁLMSSON
1500 Avenue of the Ancients
Alexandretta, Meckelnburgh
sclaudia@dutertrewillems.com
bnelda@dutertrewillems.com
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
COMMON COURT OF THE MTO
BENACIAN UNION v IMPERIAL REPUBLIC OF SHIREROTH
ORDER OF JANEK TRYGGVE, JURIST
In order for the Court to consider the petition to dismiss, the Jurists shall be given the opportunity to examine the evidence. Jurists may also ask questions to the parties to clarify points.
BENACIAN UNION v IMPERIAL REPUBLIC OF SHIREROTH
ORDER OF JANEK TRYGGVE, JURIST
In order for the Court to consider the petition to dismiss, the Jurists shall be given the opportunity to examine the evidence. Jurists may also ask questions to the parties to clarify points.