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 International Council of Nations (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.

Background

The way towards the treaty started with the Treaty of Aerilar (7574) and its amendment the Gadalhem Accords (7579) trying to regulate sea access through most of the important straits and sea passages. During these colonial times the signatory nations Aedeland, Anat Tahan, Anisora, Auresia, Halland, Helreich, Livaria and United Royal Provinces controlled most of these passages, making it a sea straits cartel in practical terms. While the Treaty of Aerilar seemed to focus on safety and security issues, there was a monetising element formulated to compensate the signatory nations for upholding access, communication channels and safety procedures. This would require non-signatory nations to comply without having anything to say about the treaty's content. It was therefore heavily opposed and actively obstructed by the majority of nations. When the amendments formulated in Gadalhem five years later showed the intention of creating an offensive naval effort to implement what in practical terms was a Straits Cartel, both Anisora and Auresia withdrew from the agreement. Livaria never ratified the Gadalhem Accord either since general elections put parties opposing the treaty in power.

The second attempt to develop and maintain a comprehensive regulatory framework for shipping including maritime safety, legal matters, technical co-operation and maritime security was undertaken after the Wolgos Scourge in 76XX. The proposed relocation of the Wolgos population required shipping routines that spanned much of the globe. Many maritime nations tried to offload their old vessels to The Bind in order to be able to carry out the relocation, but the lack of quality of the ships and training of the crews led to many fatal accidents.

Taumakan Conference

The conference took place in the Sokokan harbor city of Taumakan in 76XX, itself located strategically on a sea strait between the Julian Sea and Stolvic Ocean. The Sokokan government invited the world community in the form of all ICoN members to formulate a treaty guaranteeing open access to the world's oceans and seas for cargo and passenger vessels already three years prior. The invitation was a clear signal from Sokoku that it had no intention to create blockades for world trade in the passages it controlled like the Chaim Strait and Asker's Sound plus the multitude of other archipelagic straits, passages and sounds. It just wanted to create a level playing field, where their interpretation of "open seas" as a concept would be mirrored worldwide, or the other way around. Two intensive years of negotiations on lower levels of diplomacy occurred as preparation for the Taumakan Conference.

One important issue in the negotiations was the passage naval vessels or ships traveling on any military mission. It was obvious that the majority of nations, especially the post-colonial ones, would like to see these kind of maritime movements not to fall under this treaty. This led to huge discussions regarding ship and transporter identification as well as the possibilities for host nations to refuse passage in case a vessel would obstruct inspection.

Another issue was the definition of territorial waters. Many maritime passages would fall within the jurisdiction of a single, two or even three nations' territorial waters. The issue was resolved by letting the signatory nations come with proposals regarding shipping lanes for innocent passage and passage under national sovereignty. For example, Sokoku allows for innocent passage upon inspection, but can not board or hinder vessels in the international shipping lanes, it can only take potential disputes to the treaty's regulatory board. In other territorial waters, vessels can be diverted to ports by the navy. This framework allowed for many shipping lanes being defined through Sokoku's territorial waters between the Julian Sea, Stolvic Ocean and bot the southern and northern Shangti Oceans.

Treaty contents

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, including the definition of territorial waters and passages through these between open seas.
• Principles guiding the treaty, such as freedom of navigation, non-discrimination, and equitable access.

Rights, duties and responsibilities

• The rights and freedoms of cargo and passenger 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 and passenger 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 and education as well as common 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.

Impact and criticism

TBA

OSSO

Short intro

See also

• Treaty of Yodhiwa