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The Settlement Act 2109

  1. The Humanitarian Alliance is responsible for all of humanity.
  2. Any population over 20,000 is entitled to local governance in accordance with, subject to, and for the support of, the Constitution.
  3. The Humanitarian Alliance may deploy force to provide support for policing, health care, education, free elections and other institutions required to support the Constitution.
  4. Where natural authority has coalesced, it will be recognised as a national government, and so will be subject to the higher federal law of the Humanitarian Alliance. Any activities that go against the constitution will be routed out.
  5. Where a government does not exist, the Humanitarian Alliance may deploy force to establish a local government.

Overview

Replacing the Montevideo Convention, the HA wished to allow the freedom of people to form new nations, otherwise the human race would splinter while using available technology to seek independence. To do this the Settlement Act identified that a population over 20,000 is entitled to have an elected government. The wording allows existing populations in existing nations to remain as they are, as they have an elected government, but new nations that don't exist within any existing boundaries get to be created.

Nations began to be created everywhere, including at sea in international waters. Many of the new countries agreed to recognise the laws of an existing country, generally the one most the population came from. Most of these ended up being like registered shipping were each ship is an extension to a country. The need for economic ties, or protection from pirates also leads oceanic colonies to declare being part of a nation. Most of the nations that tried to be totally independent have ultimately been converted to being part of an existing nation, or destroyed by unfriendly forces. In space however, the process of establishing a stable government can partially or completely break down, so the Settlement Act 2109 was written to address this problem. The key downfall to most new nations is the tendency to become corrupt. When corrupt, the HA would step in and give the new nation to an existing nation as a substate. In being sympathetic, any such given state was typically handed to where the majority of people had come from. Unfortunately there is much confusion as far too many sea states were called Atlantis.

Most people think of the act as being most significant for recognising new nations when population groups get over 20,000 with no existing national affiliation, such as the nation of Belters. It was in fact the very purpose of the Act as it allowed Aetherial to be recognised as the capital of the nation of the Belt. Although the Belt as a nation is the larger and more physically significant, the real political significance actually lied in the capital town of Aetherial. Through declaring a nation, the HA can directly establish or support institutions that look to support the Constitution within Aetherial.

Philosophers, lawyers and political commentaries, however note the 'side effect' of the act as the considerably more significant declaration. It declares that all humans are subject to the federal law of the HA regardless of where they are. This simple statement means there is no legal defence from the HA. This inclusion was necessary in order to pull populations under the HA in order for the nationhood declaration to be valid. It also serves to protect colonising populations from unscrupulous powers. Regardless of where you are, you fall under the HA Constitution, so the Astry can act to protect your rights (aggressively if needed). It also means that a crazed killer can't build an earth killer in view of Earth and claim to be outside any legal jurisdiction. Such issues cause big headaches for good forces, like the Astry. Under this law they have the right to take down any threat to Earth from human actions.

This act crystallises the philosophers concept of an ‘aggressive peace’, where force is applied to strengthen institutions that protect the peace. The same law could be abused to attack the innocent but such people would do it with or without the law and justify it as right. This Act allows the good to stay within the law while having the tools available to defend the peace. Swinterland argues this law is invalid in Swinterland and shows the agressive empirical colonialisation ambitions of the HA. The HA agrees that Swinterland is the only place in the universe the Act doesn't apply, but that Swinterland doesn't know what 'empirical' means and colonialisation is not a word. Swinterland disagrees with the rebuttal.