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Line 1: [[Category:UNAC]] [[File:UNACflag.jpg\|thumb\|250x250px\|Official Flag of the United Nations of the Auroran Continent]] '''Auroran law''' refers to the legally binding customs, [[Agreements and acts of the UNAC\|treaties and laws]] of the [[United Nations of the Auroran Continent]]. This terminology specifically excludes the domestic laws passed by member states. The foundation of Auroran law is the ''Charter of the United Nations of the Auroran Continent'', which provides for the establishment of the UNAC and lays out its most basic functions and structures and relationship with member states. From this Charter, member states may enact treaties which further affect their relationship with the UNAC and each other. In turn, the [[Auroran Parliament]] and [[Council of the UNAC]] only have the power to pass laws which conform to the treaties and Charter of the UNAC. Some of these laws have direct implications on the internal governance of member states such that the UNAC is arguably a quasi-confederation. ==Treaties== {{Main\|Agreements and acts of the UNAC}}[[File:UNAC.png\|thumb\|250x250px\|Map of the UNAC]] [[Agreements and acts of the UNAC\|Treaties make up the foundation of Auroran law]]. Treaties refer to binding agreements among member states. According to the Charter of the UNAC, ~~treaties~~member ~~must~~states beare ~~agreed~~only ~~unanimously~~bound by ~~member~~the ~~states~~treaties to ~~pass~~which they are participant. For this reason, treaties take an incredibly long time to pass and comprise a small portion of UNAC law. Nevertheless, treaties of the UNAC are by far the most powerful documents of the UNAC as they amend or supplement the Charter and bind UNAC member states to UNAC authority. Treaties require the consent of the executive branches of the member states and the ratification of their respective legislatures to pass (in line with their laws and customs). ~~Besides the ''Charter of the UNAC'', other treaties include the following:~~ * ''Charter of the [[Auroran Monetary Fund]]'' which establishes the AMF, sets out its powers and duties, provides the basis of its shareholding structure and governs its relationship with the UNAC. ==Statute== [[File:Aura International Convention Centre.jpg\|thumb\|250x250px\|[[Aura International Convention Center\|Aura International Convention Centre]], seat of the UNAC Commission, Council and Parliament in [[Aura]], [[Emberwood Coast]]]] The [[Auroran Parliament]] and the [[Council of the UNAC]] comprise the Legislature of the UNAC. The [[Auroran Parliament]] is elected once every four years by the citizens of UNAC member states by single-member constituencies. Only parties registered at the continental level can run in elections. Thus, most political parties in members states form part of a larger transnational political party such as the [[Auroran Socialist Democratic Party]]. In contrast, the [[Council of the UNAC]] is composed of Representatives from member states as appointed by their governments. There are three types of ~~statues~~statutes that exist in the UNAC as follows. ~~Only~~Any member of the [[Commission of the UNAC]] or the [[Council of the UNAC]] can propose ~~ordinary~~ acts. However the [[Auroran Parliament]] has committees which scrutinize legislative proposals and recommend amendments to the UNAC Commission or Council prior to the passage of an act. This can help the Auroran Parliament shape the content of legislation. ===Ordinary acts=== Ordinary acts refer to acts that are not in their own specially designated class. Like other types of acts only members of the Council and the Commission may propose them. The Parliament can debate these acts and suggest amendments before the final version is passed. Ordinary acts refer to statutes that control day to day running of transnational issues. This can include intracontinental trade and movement, multilateral scientific cooperation, multilateral food and drug standards, data privacy, environmental protection, fishing and related legislation. As part of the UNAC Charter, all island member states have certain opt-outs from ordinary acts, i.e. some laws do not apply or the government of that island country can choose which parts to obey. This exemption covers issues such as but not limited to food imports, immigration, and marine and land ecology. These acts require a simple majority in the Auroran Parliament and the Council of the UNAC to pass but the Council can overrule the Parliament by passing the act with a 66% majority. Most of the time these acts are either projects that require transnational cooperation or standards and guidelines. They rarely make requirements that affect how member states run their domestic affairs. The Charter designates a set of actions that require the passage of an act. However there are some actions that require the approval of a majority of the Auroran Parliament and the Council and there are actions which require only the approval of the Council. ~~Ordinary acts are required for the following actions:~~ The admission of new member states (in accordance with Article C). Actions which require only the approval of the Council are as follows: The admission of observer states who are defined as states which have the right to send a resident observer to speak at meetings of the Council. * Admission of member and observer states The appointment and dismissal of the President of the Auroran Commission. Appointment and impeachment of Commissioners The appointment and dismissal of the Auroran Commission. The appointment and dismissal of the Auroran Electoral Commission. Actions which require the approval of both the approval of the Parliament and Council are as follows: The approval of the annual budget.▼ ~~The~~ Appointment and dismissal of athe ~~Member~~President of ~~Parliament~~the UNAC Commission * Impeachment of a member of the Auroran Parliament ~~Prominent examples include:~~ * Creation and dissolution of portfolios of the Commission. * ''Intracontinental Highway Promotion Act'' ▲~~The~~ ~~approval~~Passage of the annual budget of the UNAC. ''Drug Health and Safety Standards Act'' * Any other matter that is not restricted by law. This can include passing legislation on joint projects and initiatives, setting guidelines and standards, and leveraging the resources of the UNAC for a specific purpose or making regulations for the UNAC specifically that do not fall within the exclusive jurisdiction of another entity. * ''Data Privacy Protection Standards Act'' If a state of emergency is in effect, the Council can unilaterally pass acts as long as they are temporary. These temporary acts are as binding as ordinary acts, but they have an expiration date. This means it does not need the approval of the Auroran Parliament or have to wait for its opinion. ===Security acts=== Security acts are types of emergency acts which allow the Council of the UNAC respond to or prevent the escalation of military conflict such as a foreign invasion, war between member states or a war within a member state. Security acts require ~~unanimous~~75% approval by ~~member~~the ~~states~~Council. By passing a Security Act, the Council of the UNAC can do the following things: * Impose a blockade or no fly-zone over a member state * Impose a state of emergency that allows for the passage of Temporary Acts * Suspend a member state. ===Temporary acts=== Temporary acts refer to acts that require the approval of a simple majority of members of the [[Council of the UNAC]]. Temporary acts can be passed by the [[Council of the UNAC]] without the approval of the [[Auroran Parliament]] only if the [[Council of the UNAC]] declares a state of emergency. Temporary acts have an in-built expiration date. They are used as temporary relief or response to an emergency such as a war or a natural disaster. They allow for the mobilization and redirection of funds that would otherwise require a formal budget and other appropriations legislation. Emergency acts can also suspend the implementation of ordinary laws to enable member states to redirect resources and political capital to responding to a crisis. This type of act arose directly as a response to the failure of the [[Auroran Continental Assembly]] to respond to the [[Auroran-Pacific War]] of 2017 and it was also inspired by the Cyclone Mable disaster of 2018. ===Extraordinary acts=== Extraordinary acts can only be passed by the [[Council of the UNAC]]. They require a ~~two-thirds~~unanimous ~~majority~~vote of the ~~member~~members of the Council to pass. ~~These are acts which affect the composition or function of other branches of the UNAC (without affecting their structure which would require a treaty). These acts can be used to:~~ These acts are required to: * Dissolve the Auroran Parliament and trigger new elections. * Dismissal of a member of the [[Auroran Court of Justice]] * Expulsion of a member. ~~It is unclear why the Charter of the UNAC makes a distinction between an Extraordinary act and a security act when they have the same procedures and effect.~~ However, extraordinary acts can be used to do anything as long as it does not conflict with the Charter or a treaty. This means that the Council can make any decision through an Extraordinary act. This means that the opinion or approval of other bodies is not necessary if the Council passes an extraordinary act. These acts are not temporary and they are not situational. For example, the Council could theoretically appoint the [[President of the UNAC Commission]] without the approval of the [[Auroran Parliament]] if it passed an extraordinary act. ==Case law== Line 65 ⟶ 69: Conventions can be rendered irrelevant by the passage of time; the circumstances under which they existed are impractical. For instance if there is a convention that sailors show their astrolabe at the aft of a vessel, this convention is no longer relevant given that modern ships do not use astrolabes. Convention can be rendered irrelevant or formalised by the passage of new laws. == See also == * [[Agreements and acts of the UNAC]]