2009 Martiniel protocol

The Martiniel protocol was an international law established in mid 2009 to apply specifically to the Melivorica region, relating to the legality of building nationalised structures, resource exploitation, military action and territorial claims in regards to the region's Government-less territories. It was proposed by the governments of Barrettstia, Norheimir and Brachyuria in the aftermath of the Martiniel Incident, when a lack of clarity about the specifics of the situation led Deketopia to inadvertently draw anger from the three nations by attempting to build an embassy on the defunct island nation of Martiniel (now Azgaria).

Background

After the start of the 21^st century, countries in Melivorica began to destabilise, in what analysts have proposed was an effect brought on by the sharp political differences inherent in the region, as well as a undercurrent tendency of ineffectual ruling throughout the area. By 2009, this political effect culminated in the complete collapse of the majority of Melivorican nations, with less than a third of it's previous numbers still in existence by late 2010.

One of the earliest countries to collapse in this way was the island nation of Martiniel. On the 19^th of July, 2009, President Meier of Deketopia set up what was claimed to be a trading establishment on the island. Seeing no local authority in Martiniel that could have agreed to any construction of extra-national buildings, the leaders of Norheimir, Barrettstia and Brachyuria opposed his actions. Despite threats of action, intensified when the regional giant Torall put it's weight behind Deketopia's side, the incident was resolved peacefully after Torall itself suffered a similar collapse, and resulted in a peacekeeping presence on the island that might not have happened without the incident occurring.

Having acted against Deketopia mainly due to personal objections rather than any true legal reasons, the decision was made to establish a law so that it was a legal right for disputed territories in Melivorica to have a form of honorary sovereignty, permitting them to be considered official entities.

The law

• Regarding the actions of sovereign states, all government-less territorial bodies (hereafter refered to as "client nations") within the region named Melivorica, are subject to the same legal value as any sovereign state within same region.
  • All actions made towards or inside the territory of client nations are to be conducted in accordance to the same laws regarding sovereign nations and their rights to territory, resources, and civil freedoms.
• The territory, infrastructure and population of all client nations is hereby legally protected against the use of military force, in any form.
• The territory of all client nations and national resources wherein are hereby legally protected against exploitation by sovereign nations.
• The territory of all client nations is still to be regarded as the legal residence of all it's contained population.
  • All official occupancy and land ownership laws and agreements held before the collapse of the client state are still considered legally binding. Until the territory in question recovers into a state of self-governance.
  • All passports of collapsed nationalities are still considered legal, and are not grounds for a denial of entry into a sovereign country.
  • All citizens of client nations are to be treated as having at least the basic rights of all humanity, as proposed in the 1987 Amburgh convention. Citizens from client states with more extensive human rights laws than this are covered by the civil rights laws of their client state.

• The laws set above can be circumvented in cases where it is seen as against the wishes and/or benefit of the client nation's population (ie. Supporting a resurgence of a national governance within the territory, to result in the state recovering from it's collapsed state).
  • Such a situation must be recognised by a multi-national inquiry.

• The laws set above can be circumvented in cases where it causes a threat to individuals.
  • But can only be circumvented by the threatened individuals.
  • But can only be circumvented to an extent that removes the threat to those individuals.
  • Subjects seen to be placing themselves in unnecessarily threatening situations, for the designed purposes of incurring the circumvention, are not subject to this.

• The laws set above can be circumvented in in cases where it causes a threat to sovereign nations.
  • But only if the threat is recognised by a multi-national inquiry.
• The laws above regarding military action can be temporarily ignored in cases where the safety of the client nation is subject to internal threats, or threats from a sovereign nation acting within the client nation.
  • But this only applies to the specific law regarding the use of military force.
  • And only applies to the use of military force against the threat, not the client nation as a whole.

Signatory nations

Legal consequences

In effect, the most important rule established by this protocol was that all non-governed states still held to the right to their own territory, and any extra-national efforts to conduct any activity in the area should require the same kind of legal precaution that would be necessary for conducting such actions in proper sovereign states. It also states clearly, that silence borne from an inability to deny a request to conduct such actions is not to be taken as not voicing any objection.

As a direct result of the law, almost all of the collapsed Melivorican countries after Martiniel did not suffer similar incidents. On the other hand however, it has also made the legality of conducting sincere peace keeping missions a shaky question, and had a negative effect on the amount of assistance given to such destitute areas of the region in the years since.

Breaches and loophole exploitations

2010

Azgaria

Revolvisia outright breaches the laws, ignoring the sovereignty of Azgaria. Is confronted by neighbours, before they back away from the discussions. Attempts to continue talks about the legality of the situation by other nations are ignored or avoided by Revolvisia. Azgaria now effectively a satellite of Revolvisia.