Treaties of New Batavia/Convention on the Establishment of a Commonwealth Court
Treaty of New Batavia | |
Conventie ter oprichting van een Rechtbank van het Gemenebest | |
Signing ceremony | N/A at N/A |
Islamic Diwan | positive |
Majlis-ash-Shoera | 2021-12-22 |
President | refused |
Supreme Court | 2021-12-23 |
President | 2021-12-24 |
Executive Decrees | |
Parties | MTO New Batavia |
Background
At the negotiations of the FTA with Kurum Ash-Sharqia, it was agreed upon to join the Micras Intellectual Property Protection Act. A priliminary to join this ancillary treaty of the MTO, is to also join the MTO Court.
The Convention was approved unanimously by the Majlis-ash-Shoera, but President Mehmet Arslan refused to sign it into law and referred it to the Supreme Court. The Court ruled that the treaty is not contrary to the constitution, hence the President signed the treaty into law. In its ruling, the Supreme Court noted however, "that the judicial power of the Republic, as well as the Supreme Court, will at all times continue to have primacy over this Commonwealth Court when it comes to rulings that have national effect."
Text
Convention on the Establishment of a Commonwealth Court.
1.Any State who has signed and ratified the General Membership Treaty and been accepted into the Commonwealth, may sign and ratify, in accordance with its own constitutional procedure, the present Convention on the Commonwealth Court
2.The Parties to this Convention hereby establish the Commonwealth Court (“CC”, “the Court”) as an independent and free court of justice and law.
3.The Court shall have jurisdiction over matters pertaining to international dispute between signatory nations.
4.The Court shall have the power to interpret the Treaties and Conventions of the Commonwealth, subject to the Treaties and Conventions themselves.
5.The Court shall consist of a panel of three jurists independent of the government of the participatory States, elected by the signatory nations of this treaty. The election shall be overseen by the Primate of the Commonwealth. The Jurists of the Commonwealth Court need not be national representatives.
6. Disputes within a nation about a treaty or convention are dealt with by the concerning nations established court.
7. A signatory nation may grant, through the legal processes of that nation, additional powers to the Commonwealth Court, within the Jurisdiction of that signatory nation. The Commonwealth Court is not required to hear cases stemming from this clause.
8.This Convention may be amended by a qualified majority of the State Parties exceeding three fourths of the votes cast.