Legislation:SBR/P001-002/Original text

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Enactment clause, short and long titles

Be it enacted by the Grand Forum of All Citizens, as follows—

Proposition 001-002, Diplomatic Code Act 2018

An Act to establish a Magistracy for Foreign Affairs, its relevant junior Offices, and to lay a groundwork for the execution of the foreign policy of Our Serene Republic

Chapter I: On the Magistracy for Foreign Affairs

Section A: Establishment of the Magistracy

  1. There is to be a Magistracy for Foreign Affairs (‘the Magistracy’).
  2. The Magistracy is to be led by a Foreign Magistrate, elected by the Grand Forum.
  3. The Magistracy is mandated to manage the following areas of policy:
    1. Liaising with foreign governments;
    2. Negotiating treaties with foreign governments;
    3. Managing diplomatic missions;
    4. Ensuring that both Our Serene Republic and foreign governments carry out their treaty obligations;
    5. Ensuring the safety and security of Beaconite Citizens travelling abroad.

Section B: Establishment of the Ambassadry

  1. Within the Magistracy there is to be an Undermagistracy known as the Ambassadry.
  2. The Ambassadry is mandated to manage the same areas of policy as the Magistracy, but with distinct representation of the Magistracy to foreign governments.
  3. The Ambassadry is to be led by a Chief Ambassador, elected by the Grand Forum.
  4. The Chief Ambassador is to serve additionally as the Deputy to the Foreign Magistrate, and will carry out the responsibilities of the Foreign Magistrate if they are busy, incapacitated, or otherwise unable to carry out those duties themselves, or if the Office of Foreign Magistrate is vacant.

Chapter II: On the Responsibilities of the Magistracy

Section A: Foreign Liaison

  1. The Foreign Magistrate is to direct the policy of Our Serene Republic in regards to diplomacy with other nations.
  2. The Grand Forum may, by Motion, order the Foreign Magistrate to seek to open negotiations with other foreign states or organisations, require certain terms to be placed in the treaty, require certain terms to be removed from any existing drafts of the treaty, or order the Foreign Magistrate to close negotiations.
  3. Any other decisions in regard to liaison or negotiations is left to the discretion of the Foreign Magistrate.

Section B: Treaty obligation

  1. The Foreign Magistrate is to ensure that any foreign states with treaties with Our Serene Republic properly fulfil any obligations those treaties may require.
  2. If the Foreign Magistrate finds that those states are not fulfilling their obligations, they may—
    1. Recommend an end to the treaty to the Grand Forum;
    2. Recommend expulsion of part or all of those states’ diplomatic missions (see Chapter III);
    3. Recommend sanctions or another retaliatory response to the Grand Forum or to the relevant authority;
    4. If permitted by those states’ legal systems, file suit against that government;
    5. Refuse to fulfil the equivalent obligations of Our Serene Republic, should such an equivalent exist.
  3. The Foreign Magistrate is also to ensure that Our Serene Republic fulfils its treaty obligations.
  4. If the Foreign Magistrate finds that Our Serene Republic is not fulfilling its treaty obligations, they may—
    1. Send a reminder, public or private, to the relevant authority that the obligations must be fulfilled;
    2. Inform those other states that the obligations are unfulfilled;
    3. Claim for the enforcement of the obligations in a Justicial Council;
    4. If they find that Our Serene Republic is unable to carry out those obligations, recommend an end to the treaty to the Grand Forum.

Section C: Security of Beaconite Citizens abroad

  1. The Foreign Magistrate is to ensure that Beaconite Citizens in foreign states are protected during their time in those states.
  2. If those Citizens are unable to return to Our Serene Republic, then the Magistracy (and particularly the Ambassadry) are to provide aid to assist their return or to ensure their safety until return is feasible.
  3. If those Citizens find themselves the victims of a crime, accident, disaster or similar, the Foreign Magistrate is to liaise with the relevant authorities of those foreign states to ensure that the Citizens receive the appropriate protections and compensations.
  4. If those Citizens are arrested, charged, or similar, the Foreign Magistrate is to liaise with the relevant authorities of those foreign states to ensure that the Citizens, as far as possible, are granted the proper rights that they would receive in Our Serene Republic. The Foreign Magistrate may also request that the Citizens are sentenced with deportation rather than any sentence to be served in those foreign states. If the Foreign Magistrate suspects that those foreign states would hold an unfair trial or give disproportionate sentencing, they are to attempt to pressure those states to hold fair proceedings or to release the Citizens immediately.

Chapter III: On the Structure of the Ambassadry

Section A: The Chief Ambassador

  1. The Chief Ambassador will be responsible for the appointment of the Ambassadors at-Large and the Ambassadors.
  2. The Chief Ambassador will also be responsible for the appointment of delegates to any international organisations that Our Serene Republic may join.
  3. The Chief Ambassador may declare any foreign diplomats to be persona non grata.
  4. All Ambassadors and Ambassadors at-Large may appoint Deputies, who will carry out the responsibilities of that Office if they are busy, incapacitated, or otherwise unable to carry out those duties themselves, or if the Office is vacant.

Section B: The Ambassadors

  1. An Ambassador may be appointed to any foreign state recognised by Our Serene Republic. If that state also recognises Our Serene Republic, then its government may require that any Ambassadors appointed to it be accredited by its government.
  2. The principal roles of an Ambassador are to represent the Magistracy and Our Serene Republic to the state to which they are appointed, and to represent the same to any Beaconite Citizens travelling to that state.
  3. Ambassadors are to hold title of the form “Beaconite Ambassador to [X]”, where X represents their appointed state.
  4. Ambassadors may appoint Diplomats to assist with the carrying out of their duties. These may also require accreditation under the same conditions as the Ambassadors.
  5. An Ambassador may seek to establish a permanent Embassy building in their appointed state. Any Embassy to be established must be granted a sufficient degree of extraterritoriality such that the Ambassador may carry out their duties with sufficient independence from their appointed state under the Vienna Convention on Diplomatic Relations.
  6. The Foreign Magistrate will hold the Office of Beaconite Ambassador to the United Kingdom, ex officio.

Section C: The Ambassadors at-Large

  1. An Ambassador at-Large may be appointed to any region or grouping of foreign states recognised by Our Serene Republic. If any of those states recognise Our Serene Republic, then their government may require that any Ambassadors at-Large appointed to them be accredited by their government.
  2. The roles, responsibilities and rights of Ambassador at-Large is the same as those of an Ambassador, including representation, appointment of Diplomats, and establishment of Embassies.
  3. Ambassadors at-Large are to hold title of the form “Beaconite Ambassador at-Large to [X]”, where X represents either a list of their appointed states or a name that is representative of the grouping of states.

Section D: The Consuls

  1. An Ambassador or Ambassador at-Large (henceforth known generically as ‘Ambassador’, unless specifically stated otherwise) may appoint Consuls to specific regions of their appointed state or states to represent the Ambassadors. Consuls may require accreditation under the same conditions as Ambassadors.
  2. Consuls are to hold title of the form “Beaconite Consul to [X]”, where X represents their appointed state.
  3. A Consul may seek to establish a permanent Consulate building in their appointed region. Any Consulate to be established must be granted a sufficient degree of extraterritoriality such that the Consul may carry out their duties with sufficient independence from their appointed state under the Vienna Convention on Diplomatic Relations.
  4. Consuls may also appoint Diplomats.

Chapter IV: On the Recognition and Diplomacy of Foreign States

Section A: The Hierarchy of Foreign Recognition

  1. Our Serene Republic will recognise foreign states according to the following hierarchy:
    1. Those states that Our Serene Republic has signed treaties with, such that mutual recognition is mandated;
    2. Those states that, by a Motion of the Grand Forum, Our Serene Republic chooses to unilaterally recognise;
    3. The member states of the United Nations, and additionally the Vatican City State.
  2. Where two states have disputed borders, the state higher on this hierarchy is to have its borders recognised by Our Serene Republic. Should the two states have the same ranking on this hierarchy, then the decision of which borders to recognise is to be made by the Foreign Magistrate.
  3. An exception is to be made for the City of Beacon, New York, which will be considered an illegitimate administration.

Section B: Diplomatic Missions to Our Serene Republic

  1. Should a foreign state recognised by Our Serene Republic wish to appoint Ambassadors, Diplomats, Consuls, or other diplomatic staff as their laws so require, they will require accreditation from the Chief Ambassador.
  2. The Chief Ambassador may refuse or revoke accreditation on the following grounds:
    1. Suspicion of the illicit gathering of Beaconite information;
    2. Suspicion of conspiracy against Our Serene Republic;
    3. Failure to properly represent their government;
    4. Response to the undue revocation of accreditation of Beaconite diplomatic staff;
    5. Response to failure to meet treaty obligation under Article II.B.2.b of this Act;
    6. Scandal, crime, or other serious breach of Beaconite public order beyond the expected behaviour of statesmen.
  3. If a foreign state wishes to establish an Embassy, Consulate, or other similar permanent diplomatic missions, they will require permission from the Grand Forum, which will include the granting of extraterritorial rights under the Vienna Convention on Diplomatic Relations. Only the minimum rights of extraterritoriality required will be granted, and Our Serene Republic will remain sovereign over that land.
  4. Foreign states will be responsible for any costs incurred for the building and maintenance of any diplomatic missions, including the land used itself.
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