Martian Duma

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The Martian Duma
duma2_001.sized.jpg
Headquarters Mangala
Type Judicial Treaty
Members 23 Members, 4 Observers
Forum Martian Duma Forums

The Martian Duma

The Martian Duma is a judicial and discussion body made up of nations who possess territory and a substantial permanent population on Mars. It was established as the primary function of the Mangalan Accords which details the form and function of the Duma.

The Mangalan Accords

Preamble

Purposes and Principles:

We, The Sentients of Mars, have gathered here in Mangala to write an Accord which will serve as the framework for an Independent Planetary Adjudication Body. We intend this Accord to be a flexible Document subject to change over time in the light of Experience and changing historical conditions, but assert here that we hope to establish a body that will forever uphold these Principles: The Rule of Law; The Equality of all before the Law; Individual Freedom of Movement, Association, and Expression; Communal Stewardship of the Planet's Natural Resources; and Respect for the Planet's Primal Heritage.

Chapter I - Global Adjudication

Article I - The Duma

Section I - Purpose
The purpose of the Duma is to rule as an adjudicating body on issues of global conflict between one or more Martian nations. Such issues may include, but are not limited too, disputes over land, water, airspace, orbital space, international economic issues, global trade, terraforming disputes and acts of aggression between nations.

Section II - Composition
The Duma will be composed of delegations from each signatory nation on Mars. Each nation may select by methods of their choice either 5, 3, or 1 Delegate(s). These groups of delegates shall form a single Seat with 1 Vote per Seat. If the Duma feels the matter is of such pressing need that Force is justified the Duma may hold a Vote on an existing Opinion. If all Seats agree to the opinion Military Force may be used to enforce the decision. The Duma will meet on Ls=0 and Ls=180, every m-year, and stay in session for as long as necessary to complete its business. An extraordinary session of the Duma may be called if at least 1/5 of the member nations sign a petition to do so.

Section III - Judicial Procedure
The Duma has no binding power over any nation unless that nation is brought before the Duma in the context of an international issue or conflict. When an issue is brought before the Duma, a series of steps shall be taken to resolve it. First, a hearing not exceeding one week in length will be held where the nations involved may each speak and present their arguments. Each seat shall consider an issue before the Duma based on their own laws and precedents. In order to encourage mutual understanding each nation shall write a opinion that states the laws they used to make the decision as well as any precedent cases. For national, purely internal, affairs brought before the Duma a non-binding opinion shall be issued. To issue the opinion a full 1/2 of the Seats must agree to it. For disagreements between nations a binding opinion shall be issued. To issue the opinion a full 3/4 of the seats must agree to it. This opinion shall carry with it the weight of expulsion from the Duma as a penalty for non-compliance. Each national delegation shall have one vote to cast on the final decision, excluding nations directly involved in the dispute. At least ¾ (9) of the members of the delegation must be in consensus on the delegation’s voting position. If a delegation is unable to reach ¾ consensus they must abstain from voting. At least ¾ of the signatory nation delegations must be present to achieve a quorum; missing nations will lose their vote.

Section IV - Powers
The Duma has the power to hear and rule on courses of action to resolve disputes brought before it by signatory nations. A ruling by the Duma must be respected and complied with, however the decision may be appealed and heard again a maximum of two times if 1/5 of the signatory nations petition to do so.

Section V - Enforcement
Failure to comply with the Duma’s ruling on an international issue will result in the offending nation possibly losing voting power on the Duma, being expelled from the Duma, or facing economic sanction and/or a military intervention. The exact nature of the measures taken will be decided by the Duma, taking into consideration the severity of the contravention.

Article II - Signatory Nations

Section 1. Signatory Requirements
In order to be a signatory nation of this accord a nation must have a population of at least 100 million [ooc: i.e. exist for more than a couple days] sentient beings living on Mars and must agree to abide by the terms and conditions of the Accord and the Duma’s rulings.

Section 2. Expulsion from the Accord
Any nation that fails to comply within a period defined by the Duma with a ruling by the Duma will face expulsion from said body. Any nation expelled from the Duma may reapply to join only after a period of 5 m-years has passed, and must, in addition to fulfilling the requirements outlined in article 2, section 1, be confirmed by a 2/3 majority vote in the Duma.

Article III - Addendum

Section I - Proposed Terraforming Goals and Limits
1. The primal state of Mars shall have legal consideration, and shall not be altered except as part of a terraforming program dedicated to making the surface of the planet survivable primarily by humans, but with consideration for other sentients [ooc: I changed “sophonts” to sentients, as I was unsure what a sophont was and it wasn’t in the dictionary] inhabiting the planet, up to an altitude of 11 kilometers above sea level at the time of the ratification of this treaty, or 8 kilometers above the datum line, defined as the contour line indicating Mars’s mean radius, 3382.9 kilometers from the planet’s center.

2. The air pressure of the atmosphere shall not exceed 300 millibars at 8 kilometers above the datum, in the equatorial latitudes (30 degrees north to 30 degrees south).

3. The amount of carbon dioxide in the atmosphere shall not exceed 3%, and should be reduced to human-breathable levels as soon as is possible.

4. Deliberate introduction of any and all species, natural or engineered, that have not already been released at the time of the ratification of this treaty, to areas in which they may affect nations other than those introducing them, is to be approved by the Duma's agencies, after review for environmental impacts on already existing biomes and ecologies and with approval of the affected nations.

5. No terraforming methods will be employed that release harmful ionizing radiation to the land, groundwater or air of Mars.

6. No terraforming methods will be employed which are unstable and prone to rapid collapse, or that do violent damage to the Martian landscape, as determined by the Duma.

7. No terraforming projects not currently underway at the time of the ratification of this treaty that impact areas outside the territory owned by the nations or organizations undertaking the projects will be initiated without the consent of all affected nations, with projects on international land to be approved by the Duma.

Section 2.

Chapter 2. Amending the Accord

Whenever two-thirds of the delegations to the Duma, or a majority of the voters in a majority of the signatory nations, shall propose amendments to this document, the proposed amendment shall be put to a general global vote among the citizens of signatory countries, and shall require a supermajority of two-thirds to pass.

Signataries

  • The Democratic Imperium of Mangala
  • The Libertarian Paradise of Sunset, Delegate Demi Love
  • The Moralocracy of The Snel Race
  • The Colony of the Kionash of Tor Yvresse-Mars
  • The Dominion of Wazzu
  • The Imperial Province of Kasei (Eniqcir)
  • The Grand Duchy of Kajal Mars, D-SHADAR 2453, "Shar" representing.
  • The Eternal Noldorin Empire of Menelmacar
  • The Greater People's Hegemony of Pilon
  • The Isolationist Technocracy of Pilonia
  • The Imperial Regime of Auman
  • The Divine Celestial Kingdom of Tannelorn
  • The Serene Commonwealth-Territory of Kaenei Mars, Ceriyanna Celese representing.
  • The United Star Empire of Valinon, Consul Willis MacRae representing
  • The Federal Scientific Compound of Chasma Dominia
  • The <Title Disputed> of Santa Barbara Noacia
  • The Queendom of Zero-One, R-Dripping Talons 1A47B2 representing
  • The Commonwealth of Martian CityStates, Rhiannon Cartwright representing.
  • The Grand Duchy of Tarasovka
  • The United Solaris Federation of Tiburon, Saheed bin Jawir al-Bakari representing
  • The United States of Allanea
  • The Divine Imperium of Roania, Ss-ruk-ssa representing
  • The DarkSithian Federated State of DarkSith Mars Colony - Darth Applebius, on behalf of Darth Tempius, DSMC Viceroy
  • The Military Technocracy of The Augmented, Skree representing
  • The Greater Ascendancy of Tsaraine, Iriskaine Azhkaisin representing

Observers

  • The Federated Autocratic States of Austar Union, Observer John Q. Deveras.
  • Der Angst, Observer Hitomi Weisskopf
  • The Star Empire of Thelas
  • Federal Republic of Noachia

Notes

Written by Fletch F. (Mangala) with a little help from Kim Stanley Robinson’s Martian Constitution (Blue Mars, Green Mars), The UN Charter, and with assistance and suggestions from Sunset, The Snel, and Auman. If you are a Duma member and not listed please add your nation and your primary delegates name in the current format and update the Member/Observer number at the top.

Commentary

It has been noted by many that the current role of the Duma is as a forum for discussion rather than as the judiciary body that was originally envisioned. Due to the difficulties in even achieving a voting quorum there has never been a legal action settled by the Duma though action has resulted from discussions held. Despite this Duma membership is often seen as a political nessecity by Martian nations.

For those who are interested it is possible to post an observer to the Duma. They don't have voting rights but they can participate in discussion and do not need to meet any requirements to have this status.

External links

  • Martian Duma Forums. Hosted on the Martian regional forums and Moderated by Mangala and Sunset.