Taumakan Open Seas Treaty

WORK IN PROGRESS - not canon until this remark is removed

The Taumakan Open Seas Treaty is an intragovernmental treaty formulated within the framework of ICoN, guaranteeing unhindered access for merchant vessels to international waterways, including numerous straits, as well as the canals connecting to the Phasian Ocean. It also addresses standards for ship construction, equipment and operation, as well as safety routines and instructions, including ways to communicate and the proper training needed.

The treaty is the result of a long and complex negotiation process, which includes the results of some previous regional treaties and pre-existing routines for communication and safety at sea.

Purpose, objectives and principles

• unhindered access for cargo and passenger vessels to promote global trade and economic development.
• definition of key terms and concepts to ensure consistent interpretations
• geographical scope and areas to which the treaty applies
• principles guiding the treaty, such as freedom of navigation, non-discrimination, and equitable access.

Rights, duties and responsibilities

• the rights and freedoms of cargo vessels, including the right to innocent passage, transit passage, and archipelagic sea lanes passage as relevant to the specific waters covered by the treaty.
• the obligations of cargo vessels, including compliance with safety, security, environmental, and customs regulations. Including minimum requirements for ship construction, equipment and operation.
• the provisions that prohibit interference with the lawful passage of cargo vessels by coastal states, including any unauthorised boarding, searching, or seizure.

Sovereign Immunity

• clarifying when and how cargo vessels, their cargo and their crews may be subject to a host state's jurisdiction.
• clarifying when and how passenger vessels, their cargo, passengers and crews may be subject to a host state's jurisdiction.

Safety and security

• rules for ship identification and communication.
• measures to combat piracy and terrorism
• avoiding pollution
• crew qualifications: minimum requirements for training/education/certification standards

Reporting and Information Sharing

• Establish mechanisms for periodic review and monitoring of the treaty's effectiveness and relevance
• sharing relevant information and data related to cargo and passenger vessels and navigation to enhance safety and security.

Signatures, ratification and implementation

• the process for signing, ratifying, and acceding to the treaty, as well as the conditions for its entry into force.
• outline the steps and timeline for implementing the treaty's provisions, including any transitional arrangements.
• implementation responsibilities by regional and national entities, who also control their application.

Compliance and Enforcement

• specification of the consequences for non-compliance with the treaty's provisions, including potential sanctions, penalties, or dispute settlement mechanisms.
• regulatory body
• (this is where OSSO's role can come in)

Dispute Resolution Mechanisms

• procedures for resolving disputes arising from the interpretation or implementation of the treaty: negotiation, arbitration, or recourse to an international court.