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    CHARTER OF THE UNITED NATIONS OF ESAMIR

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    Vajorr
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    CHARTER OF THE UNITED NATIONS OF ESAMIR

    Post by Vajorr on Wed Aug 20, 2014 7:48 am

    Charter of the United Nations of Esamir


    CHAPTER I: PURPOSES AND PRINCIPLES

    Article I
    To maintain international security, to prevent and remove threats to the peace, and to suppress acts of aggression and other breaches of the peace.
    To develop friendly relations between nations based on the respect for equal rights and self determination.
    To achieve international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and to promote and encourage respect for human rights.

    Article II
    The Organization and its Members, in pursuit of the Purposes stated in Article I, shall act in accordance with the following Principles.
    The Organization is based on the sovereign equality of all its Members.
    All Members shall fulfill, in good faith, the obligations assumed by them in accordance with the present Charter.
    All Members shall settle their international disputes by peaceful means in such a manner that international peace, security, and justice, are not endangered.
    All Members shall refrain from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Principles stated above.
    All Members shall give the United Nations of Esamir every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state which the United Nations is taking preventive or enforcement action against.
    The Organization shall ensure that non-Member states act in accordance with these principles in a manner necessary for the maintenance of peace.
    Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state, but this principle shall not prejudice the application of enforcement measures under Chapter VII.

    CHAPTER II: MEMBERSHIP

    Article III
    Membership in the United Nations is open to all states which accept the obligations contained in the present Charter, and are able and willing to carry out these obligations.

    Article IV
    A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of rights and privileges of membership by the General Assembly. The exercise of these rights and privileges may be restored by the Security Council or the Court of Justice.

    Article V
    A Member of the United Nations which has persistently violated the Principles contained in the PResent Charter may be expelled from the Organization by the General Assembly, upon the recommendation of the Security Council or the Court of Justice.

    Article VI
    There are to be established as principal organs of the United Nations: A General Assembly, a Security Council, an International Court of Justice, and a Secretariat.
    Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.

    CHAPTER III: THE GENERAL ASSEMBLY

    Article VII
    The General Assembly shall consist of all Members of the United Nations.

    Article VIII
    The General Assembly may discuss any questions within the scope of the present Charter, or relating to the powers and functions of any organs provided for in the present Charter, except as provided in Article X.

    Article IX
    The General Assembly may consider the general principles of cooperation in the maintenance of international peace and security, and may make recommendations on such matters to the Security Council.
    The General Assembly may discuss any questions relating to international peace and security brought before it by any Member of the United Nations of Esamir, or by the Security Council, and except as provided in Article X, may make recommendations with any regard to any such questions to the state or states concerned or to the Security Council.
    The General Assembly may call the attention of the Security Council to situations which are likely to endanger the peace.
    The powers of the General Assembly set forth in this Article shall not limit the general scope of Article VIII.

    Article X
    The General Assembly shall not make a recommendation in regards to a situation under the purview of the Security Council unless so requested.

    Article XI
    The General Assembly shall make recommendations for the purpose of: a) promoting international cooperation in the political field; b) promoting international cooperation in the economic social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms.
    The further responsibilities, functions, and powers of the General Assembly with respect to matters mentioned in paragraph I (a) above are set forth in Chapters IX and X.

    Article XII
    Subject to the provisions of Article X, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations.

    Article XIII
    Each Member of the General Assembly shall have one vote.
    On matters relating to the suspension of rights guaranteed by this Charter, and expulsion from the United Nations of Esamir, a vote shall require a ⅔ majority.
    All other matters shall be decided by a simple majority vote of members present.

    CHAPTER IV: THE SECURITY COUNCIL

    Article XIV
    The Security Council shall consist of five Members of the United Nations. The General Assembly shall elect Members of the United Nations to be members of the Security Council.
    The members of the Security Council shall be elected for a term of three (3) months.

    Article XV
    The Security Council shall be the immediate vector for maintaining the peace.
    In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.

    Article XVI
    The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.

    Article XVII
    Each member of the Security Council shall have one vote.
    Decisions of the Security Council on all matters shall be made by an affirmative vote of three members.

    Article XVIII
    Any member of the United Nations may participate in the Security Council, without voting, in the discussion of any question brought before it.

    Article XIX
    Any Member of the United Nations which is not a member of the Security Council, being that it is a party to a dispute under Security Council consideration, is invited to participate, without voting, in the discussion. The Security Council may set special conditions for non-Member states.

    CHAPTER V: PACIFIC SETTLEMENT OF DISPUTES

    Article XX
    The parties to any dispute, the continuance of which is likely to endanger international peace, shall seek solutions via negotiation, mediation, conciliation, judicial settlement, or other peaceful means.
    The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.

    Article XXI
    The Security Council may investigate any dispute, or any situation which might lead to an international dispute. The investigation will be the responsibility of the International Court of Justice.

    Article XXII
    Any Member of the United Nations may bring any dispute (as referred in Article XXI) to the attention of the Security Council or the General Assembly or the International Court of Justice.
    A state which is not a Member of the United Nations may bring to the attention of the Security Council, General Assembly, or International Court of Justice any dispute to which it is a party.
    The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles IX and X.

    Article XXIII
    The Security Council may, at any stage of a dispute, recommend appropriate procedures for mitigating the threats to peace therein.
    The Security Council should take into consideration any procedures for the settlement of a dispute which have already been adopted by the parties relevant or by the International Court of Justice,
    In making recommendations under this Article, the Security Council should also take into consideration that disputes should be referred to the International Court of Justice.

    Article XXIV
    Should the parties to a dispute fail to settle it by the means indicated in Article XX, they shall refer it to the International Court of Justice.
    If the Security Council may take action if it find that the continuance of a dispute may jeopardize peace.

    CHAPTER VI: ACTION ON THREATS TO PEACE, BREACHES OF PEACE, AND ACTS OF AGGRESSION

    Article XV
    The General Assembly or the International Court of Justice shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations to the Security Council.

    Article XVI
    The Security Council or the International Court of Justice may call upon parties concerned to comply with such provisional measures as it deems necessary. The aforementioned bodies shall take account of failures to comply with such provisions.

    Article XVII
    The Security Council or International Court of Justice may decide what non-military measures are to be employed to give effect to its decisions, and it may call upon Members of the United Nations to apply such measures. This may include complete or partial interruption of communication lines, which include but are not limited to: rail, air, sea, radio, satellite etc.; and the severance of diplomatic relations.

    Article XVIII
    Should the Security Council decide that measures provided for in Article XVII, being duly enacted by either the Security Council or International Court of Justice, are insufficient or have proved insufficient, it may deploy military forces as necessary to restore and or maintain the peace.
    Decisions by the Security Council resulting in the application of military force will be voted upon by the General Assembly by simple majority.

    Article XXIX
    All Members of the United Nations, in order to contribute to the maintenance of peace, will make available to the Security Council, through special agreements, armed forces, facilities, and assistance, including right of passage necessary for peacekeeping operations.
    Such agreements shall govern the number and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.
    These agreements will be negotiated as soon as is possible on the initiative of the Security Council.

    Article XXX
    Should the Security Council decide to use force it shall, any Member whose forces shall be used in the peacekeeping operation is invited to participate in the discussions.

    Article XXXI
    In order to enable the United Nations to take urgent military measures, Members shall hold portions of their air-force contingents for combined international action available.

    Article XXXII
    Plans for the application of armed force shall be made by the Security Council.

    Article XXXIII
    The General Assembly may advise the Security Council on all questions relating to the Security Council’s military requirements, should the Security Council request it.

    Article XXXIV
    The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all Members of the United Nations.

    Article XXXV
    The Members of the United Nations shall join in affording mutual assistance when carrying out measures decided upon by the Security Council or International Court of Justice.

    Article XXXVI
    If preventive or enforcement measures against any state are taken by the Security Council or International Court of Justice, any other state, whether a Member of the United Nations or not, shall maintain the ability to consult either of the aforementioned organizations should it be presented with economic or budgetary problems arising directly from these measures.

    Article XXXVII
    Nothing in this Charter shall impair the inherent right of a state to collective or individual self-defense if confronted by an armed attack. Measures taken by a Member state in the exercise of these rights shall be reported to the International Court of Justice.

    CHAPTER VII: REGIONAL ARRANGEMENTS

    Article XXXVIII
    Nothing in the present Charter precludes the existence of regional arrangements or agencies as are appropriate for regional peace, provided they do not conflict with the goals of the Charter.
    The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements.
    This Article in no way impairs Articles XXI and XXII.

    Article XXXIX
    The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority.

    Article XL
    Regional arrangements and organizations may choose to keep the International Court of Justice and Security Council apprised of their internal workings if they so desire.

    CHAPTER VIII: THE INTERNATIONAL COURT OF JUSTICE

    Article LXI
    The International Court of Justice shall be the principal judicial organ of the United Nations of Esamir. It shall enforce the laws and principles of the Charter.

    Article LXII
    All Members of the United Nations are ipso facto parties to the jurisdiction of the International Court of Justice.
    A state which is not a Member of the United Nations may become a party to the jurisdiction of the International Court of Justice on conditions to be determined by the Court on an ad hoc basis.
    Procedures for the election and established terms for the Justices of the Court are established in Article LV.

    Article LXIII
    Each Member of the United Nations will comply with the decision of the International Court of Justice in any case to which it is a party.
    If a party to a case fails to perform the obligations incumbent upon it under a judgement rendered thereof, the Court maintains the ability to institute punitive measures which include but are not limited to: economic sanctions, revocation of diplomatic relations, rescindment of rights inherent in this Charter, temporary revocation of Membership in the United Nations, and expulsion from the United Nations.
    The International Court of Justice may use the aforementioned measures to punish nations it finds to be in violation of the Charter or treaty under which the case operates.

    Article LXIV
    The International Court of Justice shall be the highest Court in Esamir, and its judicial authority shall supercede any national court.
    International organizations or arrangements are permitted to establish their own tribunals, but the International Court of Justice maintains supremacy over these Courts.

    Article XLV
    The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
    Other organs of the United Nations may request legal opinions from the Court.

    Article XLVI
    Established shall be the position of Prosecutor-General, which shall be voted upon every three-months by the General Assembly by simple majority.
    The Prosecutor-General shall argue the position of the Esamir Government in cases where a nation is found to be in violation of this Charter or subsequent regional resolutions by the UNE, Security Council, or the Court itself.

    CHAPTER IX: THE SECRETARIAT

    Article XLVII
    The Secretariat shall comprise a Secretary-General of the United Nations. The Secretary-General shall be appointed by the General Assembly with a majority vote for six-month terms. He shall be the chief administrative officer of the United Nations of Esamir.
    The Secretary-General may, should he be unable to perform his duties for any purpose, appoint a Secretary-General pro tempore to fulfill his duties until he is able to perform them again.

    Article LXVIII
    The Secretary-General shall oversee the functions of the position that would encompass the Speaker of the United Nations. The Secretary-General shall oversee voting on laws, counting of votes, oversight of bills, and general parliamentary functions.

    Article LXIX
    The Secretary-General may bring to the attention of the Security Council or the International Court of Justice any matter which he or she feels is a threat to international peace.

    CHAPTER X: MISCELLANEOUS PROVISIONS

    Article L
    Treaties and international agreements entered into by Members of the United Nations after this Charter shall come into effect at the discretion of the organization itself.
    A party may invoke the treaty or agreement before the United Nations as soon as it comes into effect.

    Article LI
    In a conflict between this Charter and another treaty or agreement, the matter shall be settled before the International Court of Justice, however the text of the present Charter shall be considered to supercede the treaty or agreement.

    Article LII
    The United Nations of Esamir shall enjoy the same rights accorded to diplomats under International Law when operating within Member states and non-Member states.

    Article LIII
    Representatives of the UNE shall be accorded diplomatic status and immunity when operating within a nation, unless this is revoked by the International Court of Justice in an ad hoc basis.

    CHAPTER XI: OUT-OF-CHARACTER AND ROLEPLAY ADMINISTRATION

    Article LIV
    The General Assembly shall make laws and regulations related to any field of Role-Play (RP), with a majority vote.
    A person shall only qualify as a Member of the General Assembly if they have resided within the region for more than one-week, and have a registered and verified forum account. Members of the Assembly shall be responsible for voting and proposing legislation and have no term limit.

    Article LV
    The Judiciary of Esamir shall be a three part system, consisting of a Chief Justice, three Associate Justices, and a jury consisting of five members maximum.
    The Chief Justice shall oversee the proceedings of the Court, and will announce the decision of the Court or the Jury in proceedings, as well as overseeing General Elections, Special Elections, and Impeachment. The Chief Justice shall be voted upon every six months, and has no term limit.
    The Associate Justices will assist the Chief Justice in cases, and will assist in deciding the verdict in Civil Cases. If the Chief Justice is either in absentia or vacant, the most senior Associate Justice will oversee Court proceedings. Their terms shall be three months.
    The Court will also oversee Out-of-character (OOC) cases, including allegations of Charter violations relating to Chapter XI, and instances of violation of forum regulations and restrictions. The Court maintains the right to oversee banning and ejection of violatory nations.
    The selection of juries shall be undertaken used a randomized selection process, and the Chief Justice will assign anonymous forum accounts for the use of jurors. The Esamir Regional Discussion Room shall be used for jury deliberations.
    The Court can invalidate a law passed by the General Assembly if it feels that the law is in violation of the Charter, and if the Court orders this the author(s) of a law may appeal the decision. The Prosecutor-General shall voice the side of the Esamir Supranational Government.
    In proceedings in which a nation is found to be in violation of regional regulations, the Prosecutor-General of Esamir shall act as the voice of the Government.

    Article LVI
    Residents of Esamir have the following rights apposite to the rights guaranteed in-character (IC) in the Chapter I:
    Right to Vote
    Right to Amend this Charter
    Right to Unrestricted Dialogue
    Right to Protest the UNE
    Right to Participation
    Right to Run for Regional Office {being that the restrictions imposed in Chapter XI, Article LIV, Paragraph I, and Chapter XI, Article LVIII, Paragraph I are met}
    Right to Exit the Region
    Right to a Fair Trial

    Article LVII
    The Founder of Esamir, known as “The Designer”, is the sole-executor of non-roleplay administrature. This position shall be equally divided amongst five individuals in a transparent nature.
    The Founder-nations will retain the right to resign their administrative duties should they so desire.
    Should a Founder wish to resign their position, a Special election will be called by the Chief Justice.
    A Founder may have their powers revoked by a ⅘ majority in the General Assembly.
    The administrative powers of the Founder-nations shall be restricted to a strictly Out-of-character (OOC) capacity, and their positions as Founders shall not influence In-character (IC) interactions.

    Article LVIII
    Any person seeking positions within the Security Council, International Court of Justice, Secretariat, and Prosecutor-General shall have resided within the region for a period no less than one-month, as well as maintaining a verified forum account.

    Article LIX
    The process of Amending the Charter shall be initiated by three members of the General Assembly. This process, called a Charter Revision Convention, shall be officiated by either the Chief Justice or senior-most Associate Justice. Should a ⅔ majority of Members of the General Assembly present agree to amend the Charter, the Chief Justice shall inform a Founder or Forum Administrator of the desired changes, which will be enacted without delay.

      Current date/time is Fri Jun 23, 2017 2:24 pm