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Lamoni v. Impero Anisoro
08-12-2017, 12:18 AM (This post was last modified: 08-12-2017 12:22 AM by El Jeffe.)
Post: #1
Lamoni v. Impero Anisoro
HIGH COURT OF THE ANISORAN EMPIRE

NO. 123935
FOR: INJUNCTION
GIOVANNI PIETRO LAMONI, richiedente,
PORTA LUCINE MENABONI

PAOLO ALESSANDRO NICOTERA-SARNO, convenuto,
IMPERIO ANISORO

PETIZIONE PER UNA SCRITTURA DI MANDAMUS

Petitioner GIOVANNIA PIETRO LAMONI a subject of his HIS AUGUST IMPERIAL MAJESTY THE EMPEROR and director of PORTA LUCINE MENABONI (hereinafter referred to as “Lucine”), an exclusively chartered purveyor of the IMPERIAL SØRTARNLAND COMPANY operating at the Port of Pena under the laws of the Anisorian Empire since 7576, with injury in re the policy of HIS AUGUST IMPERIAL MAJESTY’S government (hereinafter referred to as “HAIM’s government”) to issue flags of convenience to merchant vessels of the VITTMARKARNAS FÖRENADE LÄNDER (hereinafter referred to as “Vittmark”) in violation of the TREATY OF ÆRILAR does hereby respectfully petition the most honorable HIGH COURT OF ANISORIA for WRIT OF MANDAMUS ORDER of:

  1. TEMPORARY INJUNCTION until the legality of the policy is determined against HAIM’s government to withhold flags of convenience to merchant vessels of Vittmark providing an illegal competitive advantage that irreparably injures the petitioner.
  2. PERMANENT INJUNCTION against HAIM’s government to withhold flags of convenience to merchant vessels of Vittmark.

FATTI ANTECEDENTI

  1. Provision 2 of the TREATY OF ÆRILAR states: “The common specific tariff, collected annually, on all commercial traffic from non signatory states transiting straits and their immediate approaches.”
  2. On August 28, 7574, HAIM’s government signed the TREATY OF ÆRILAR.
  3. On November XX, 7574, HAIM’s government pursued a policy of providing flags of convenience to merchant vessels of Vittmark in exchange for concessions from the government of Vittmark.
  4. That merchant vessels registered under the flag of HIS AUGUST IMPERIAL MAJESTY are exempt from certain duties.
  5. That merchant vessels registered under foreign flags, including vessels operated by Lucine, are required to pay forementioned duties.

CONTROVERSIA

Petitioners submit that an actual controversy exist. That the petitioners has standing as a subject of HIS AUGUST IMPERIAL MAJESTY and as a corporation doing business within the domain of HIS AUGUST IMPERIAL MAJESTY. The instant case involves the constitutionality of HAIM’s government’s policies and the petitioner's right of equal protection under the laws of Anisora.

A LITE


The Treaty of Ærilar states that all commercial traffic from non signatory states must pay the tariff. By allowing flags of convenience to merchant vessels of Vittmark, and only merchant vessels Vittmark, HAIM’s government has violated this requirement. The Treaty of Ærilar makes no distinction of place registry and ownership records reveal that re-flagged merchant vessels are in fact still owned by entities in Vittmark. Sparing a clear severance of all commercial ties with Vittmark, the provisions of the Treaty of Ærilar remain in force.

HAIM’s government’s quid pro quo arrangement with Vittmark is evidence of its intention to circumvent Provision 2 of the Treaty of Ærilar and it is this process, not the end state, that the petitioner argues is unconstitutional and in violation of the intent and letter of Provision 2 of the Treaty of Ærilar. Furthermore, if free trade were the intention of HAIM’s policy, the open registry would be open to all foreign owned vessels. As it is not, the policy violates Lucine’s equal protection under the law and represents an irreparable injury to the petitioner.

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08-12-2017, 03:17 PM (This post was last modified: 08-12-2017 03:24 PM by August Dux.)
Post: #2
RE: Lamoni v. Impero Anisoro
HIGH COURT OF THE ANISORAN EMPIRE

NO. 123935
FOR: INJUNCTION
Padrone Giustizia M. ANTONIO DELLA FORA, per conto di
PAOLO ALESSANDRO NICOTERA-SARNO, convenuto,
IL GOVERNO DI SUA AUGUSTO IMPERIALE MAESTÀ DELL’IMPERO ANISORO

GIOVANNI PIETRO LAMONI, richiedente,
PORTA LUCINE MENABONI

RIPOSTA AL PETIZIONE PER UNA SCRITTURA DI MANDAMUS

The High Court of HIS AUGUST IMPERIAL MAJESTY hears the petition of Signore GIOVANNI PIETRO LAMONI, subject of HIS AUGUST IMPERIAL MAJESTY, director of PORTA LUCINE MENABONI (hereinafter referred to as “Lucine”) and an exclusively chartered purveyor of the IMPERIAL SØRTARNLAND COMPANY, registered at the Port of Pena since 7576.

The High Court of HIS AUGUST IMPERIAL MAJESTY understands that the petitioner Signore GIOVANNI PIETRO LAMONI calls for a TEMPORARY or PERMANENT INJUNCTION, under article 1. and 2. respectively, against SENATORIAL DECREE D.73901/7574, concerning the FLAG OF CONVENIENCE (7574) ACT (hereinafter referred to as “DECREE D.73901/7574”) passed by HIS AUGUST IMPERIAL MAJESTY’S Government (hereinafter referred to as “HAIM’s Government”) on the twelfth day of November in the year Seventy-Five Seventy-Four of the Common Era, for the charge of a violation of Provision 2 of the TREATY OF ÆRILAR, signed by HAIM’s Government on the Twenty-Eighth day of August in the year Seventy-Five Seventy Four of the Common Era.

The High Court of HIS AUGUST IMPERIAL MAJESTY also understands that the petitioner Signore GIOVANNI PIETRO LAMONI invokes a violation of Provision 2 of the TREATY OF ÆRILAR as manifesting as a result of DECREE D.73901/7574 issuing flags of convenience to merchant vessels of the VITTMARKARNAS FÖRENADE LÄNDER (hereinafter referred to as “VITTMARK”).

RIPOSTA AL CONTROVERSIA E LITE

The petition of Signore GIOVANNI PIETRO LAMONI states that an actual controversy exists in the abovementioned response.

1) The petition states:

“The Treaty of Ærilar makes no distinction of place registry and ownership records reveal that re-flagged merchant vessels are in fact still owned by entities in Vittmark.”

It is the High Court of HIS AUGUST IMPERIAL MAJESTY’s understanding that the fact, as mentioned herein, that the TREATY OF ÆRILAR makes no distinction of place of registry, in fact provides no legal or otherwise basis for a call for controversy or injury to the petitioner. Furthermore, the TREATY OF ÆRILAR establishes no express limitations for the ownership of the merchant vessels in question, merely under which polity or sovereign body they are accountable to consequently, i.e. under which nation or sovereign body’s laws the merchant vessel in question is registered. HAIM’s Government cannot be in breach of Provision 2 of the TREATY OF ÆRILAR if that same Treaty makes no express distinction or clarification on these points.

2) The petition states furthermore:

“[...] If free trade were the intention of HAIM’s policy, the open registry would be open to all foreign owned vessels. As it is not, the policy violates Lucine’s equal protection under the law and represents an irreparable injury to the petitioner.”

It is the High Court of HIS AUGUST IMPERIAL MAJESTY’S understanding that DECREE D.73901/7574, while expressly referencing merchant vessels from VITTMARK as the principal subject of the Decree, does not expressly forbid nor deny provision for the possibility for merchant vessels from other nations and sovereign bodies to register their merchant vessels in the Port Concession of Talpei and thereafter fly the Anisoran flag of convenience. HAIM’s Government cannot be in breach of Lucine’s equal protection under the law in this regard.

3) The petition states furthermore still:

“The Treaty of Ærilar states that all commercial traffic from non signatory states must pay the tariff. By allowing flags of convenience to merchant vessels of Vittmark, and only merchant vessels Vittmark, HAIM’s government has violated this requirement.”

It is the High Court of HIS AUGUST IMPERIAL MAJESTY’S understanding that according to DECREE D.73901/7574, merchant vessels that are registered under the terms of the Decree at the Port Concession of Talpei thereafter renounce any and all previous registration under any one of the laws of the Seventeen Member States of Vittmark, or any other sovereign body. The merchant vessel in question is thereafter legally protected under the Laws of the Anisoran Empire and ceases to be a registered Vittish, or foreign, merchant vessel. The Port Concession of Talpei is a domain under the Sovereignty of HIS AUGUST IMPERIAL MAJESTY and the protection of HAIM’s Government according to the provisions of the TREATY OF NISIPARI, signed by HAIM’s Government in the year Seventy-Five Sixty-Four of the Common Era. HAIM’s Government cannot have violated the requirement stated above if the merchant vessel in question is legally under Anisoran Law and within the Sovereignty of HIS AUGUST IMPERIAL MAJESTY, the ANISORAN EMPIRE being a signatory nation of the TREATY OF ÆRILAR.

CONCLUSIONE

In consideration of the contentions listed above within the Petition of Signore GIOVANNI PIETRO LAMONI, it is the decision of the High Court of HIS AUGUST IMPERIAL MAJESTY to deny both article 1. and 2. under the WRIT OF MANDAMUS ORDER for a TEMPORARY or PERMANENT INJUNCTION of DECREE D.73901/7574. In accordance with the abovementioned contentions, The High Court of HIS AUGUST IMPERIAL MAJESTY considers the petition to be invalid. All other issues brought to the attention of the High Court of HIS AUGUST IMPERIAL MAJESTY within the abovemetioned Petition are thereby, also, invalid.

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08-13-2017, 12:55 PM (This post was last modified: 08-13-2017 06:26 PM by August Dux.)
Post: #3
RE: Lamoni v. Impero Anisoro
[Image: Imperial_Times_Logo.jpg]
Dies Lunae XIII Ianuarius 7575RH
Monday 13th January 7575RH

Aedeland Sues Government Amidst Political Battle

Last week a Signore Giovanni Pietro Lamoni of the Porta Lucine Menaboni Corporation filed a petition at the High Court for a temporary or permanent injunction against the government's decision in November to provide a flag of convenience for Vittish merchant shipping in the aftermath of the signing of the controversial Treaty of Ærilar. It is understood the Signore Lamoni is a chartered purveyor of the Imperial Sørtarnland Company, and is thus standing in as a proxy for the Aedelish government. The petition formally requested an injunction on the policy until such time as its legality can be proved. Yesterday the High Court rejected the petition in light of a number of misinterpretations of the working of the policy.

It is the Imperial Time's understanding, however, that Signore Lamoni wishes to appeal against this decision and will continue to pursue a law suit against HAIM's Government, which will be heard by the High Court in the coming weeks.

Yesterday, a senatorial debate, originally concerned with reform of the commissioning system in the Army, was hijacked by the Leader of the Opposition, the Marquess of Toralino, who attacked the Prime Minister for his notorious flag of convenience policy. He brought to the Chamber's attention the attempted injunction brought against the policy and the impending lawsuit Signore Lamoni intends to bring against the Government. When pressed on the matter, the Prime Minister explained that it was a matter for the independent High Court of the Empire, and its decision to deny the injunction must stand. If Signore Lamoni wishes to sue the government and himself, he must of course do so, as is his right. But, the Chamber should know, he said, that he will fight the case and prove the government's position to be not only legal but right.

Lord Toralino then spoke at length of the vital links the Empire maintains with her wartime allies, Aedeland chief among them, and of the need for dialogue and mutual respect to ensure a lasting peace in Anaria. He described the flag policy as a "tragedy of international proportions" and directly accused the Prime Minister, as its chief architect, of intentionally increasing tensions with Aedeland. Liberal senators and members of the government responded with outrage at this accusation and the Prime Minister coolly retorted that such hyperbolic talk is not only unhelpful, but is much more dangerous than his Lordship realises. The Prime Minister called on Lord Toralino to desist with this alarmist rhetoric and begin to put Emperor and Empire before party politics, to much applause from the government benches and jeers from the opposition.

The Prime Minister continued to give a detailed summary of his government's stabilising effect in Anaria, where Anisoran peacekeepers are taking up an enlarged peacekeeping role in Vittmark, as well as the positive impact the recent visit of His August Imperial Majesty to Auresia has had on Auresio-Anisoran relations and the security of the region.

Signore Lamoni's lawsuit is expected to be heard by the High Court in the coming weeks, and as the Senate cools off, it remains to be seen how the Prime Minister will defend his increasingly controversial decision.

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08-16-2017, 01:14 AM
Post: #4
RE: Lamoni v. Impero Anisoro
[font=Trebuchet MS]
HIGH COURT OF THE ANISORAN EMPIRE

NO. 123935
FOR: INJUNCTION


GIOVANNI PIETRO LAMONI, richiedente-appellante,
PORTA LUCINE MENABONI

v.

Padrone Giustizia M. ANTONIO DELLA FORA, per conto di
PAOLO ALESSANDRO NICOTERA-SARNO, convenuto-chiamata,
IL GOVERNO DI SUA AUGUSTO IMPERIALE MAESTÀ DELL’IMPERO ANISORO

PROPOSTA DI APPELLO

Appelant GIOVANNIA PIETRO LAMONI a subject of his HIS AUGUST IMPERIAL MAJESTY THE EMPEROR and director of PORTA LUCINE MENABONI, an exclusively chartered purveyor of the IMPERIAL SØRTARNLAND COMPANY operating at the Port of Pena under the laws of the Anisorian Empire since 7576, respectfully moves this Court to allow appeal in the above-entitled case and, in support of this motion, counsel states as follows:

  1. It is the interpretation of this Court that qualifications of Provision 2 of the Treaty of Ærilar distinguish which polity or sovereign body they are accountable to or registered.
  2. According to DECREE D.73901/7574, merchant vessels under said decree are accountable or registered to the Port Concession of Talpei
  3. Authority over the Port Concession of Talpei is delegated to the Anisoran Tribunicial Department of Talpei but the concession is not under Anisoran jurisdiction.
  4. The City of Talpå, under whose jurisdiction the Port Concession of Taipei falls, is not signatory to the Treaty of Ærilar.
  5. All merchant vessels registered under the terms of the Decree at the Port Concession of Talpei are in violation of Provision 2 of the Treaty of Ærilar.

WHEREFORE, it is respectfully requested an appeal be granted and the original petition reconsidered.

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09-04-2017, 03:25 AM (This post was last modified: 09-06-2017 03:21 PM by El Jeffe.)
Post: #5
ÆRILYS
ÆRILYS
SINCE 6818
SUNDAY, JANUARY 26, 7575
1/20 STJARLING STANDARVÆDI

Anisoran Court Denies Company Appeal

PENA - Agents of the Imperial Sørtarnland Company were denied final appeal by the Anisoran High Courts after imperial intercession.

The denial keeps the courts from inserting itself into a politically sensitive debate that has intrigued legal experts. "The courts hands were tied so to speak," explained Dionisio Ferrini, "any ruling would have put the courts in a difficult position." Ruling in favor of Aedeland is politically unacceptable. On the other hand, ruling against Aedeland would have amounted to the annexation of Talpei.

The Company and the Aedelish Foreign Office released statements condemning the ruling. Both claim the courts inaction represents a continued agenda against the spirit of the Treaty of Ærilar and a re-assertion of the legality of the Anisoran Flag of Convenience.

The Foreign Office added that the actions of the courts are symptomatic of the significant cooling of Aedelish-Anisoran relations. In a statement before the Althing, the Foreign Secretary concluded that "the Anisorans seem to have put special interests above that of her allies."

According to Ferrini, Aedeland's risky legal maneuvering has completely backfired. Legal experts generally agree that by denying the appeal the Anisoran courts have legitimized the Treaty of Ærilar and at the same time rendered it irrelevant. The denial is likely a watershed moment in the political battle for control of the straits as other signatory nations, including Aedeland itself, will be forced to open their registries to foreign merchant vessels. Anisora has effectively placed itself as the leader in a new market for flags of convenience.

Since the silence of the Anisoran courts has left unanswered the contentious issue of jurisdiction in the Vittmarker port concessions, there is talk of bringing a similar suit to the Vittmarker Supreme Court. Many within the Company believe that the political intrigues encountered in Anisora would work in the Company's favor in a new suit. The Vittmarker court would likely be unwilling to further legitimize the politically unpopular Straits Treaty while at the same time ceding Vittmarker sovereignty in Talpei. However, some advise caution as the young and untried Vittmarker legal system would be even more unpredictable than the Anisoran courts.

The [Aedelish] government has received considerable criticism in the Althing which is torn between embracing the legitimizing effect of letting the Anisoran decision stand and fighting to secure the enforceability of the Treaty. At the moment, the government, whose members remain absolutely confident of its legitimacy, seems inclined to defend enforceability at all cost.

In his address before the Althing, the Foreign Secretary hinted at expelling Anisora from the Treaty. Geography is in the Foreign Secretary's favor. Anisora's straits are perhaps least critical to the success of the cartel and most susceptible to the cartel's united pressure. According the Foreign Secretary, Aedeland, Anat Tahan, and Auresia could effectively isolate Anisora and force it to pay the very tariff they undermined.

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09-06-2017, 11:29 AM
Post: #6
RE: Lamoni v. Impero Anisoro
OOG:
Quote:Agents of the Imperial Sørtarnland Company were denied final appeal by the Anisoran High Courts without explanation.

The Anisoran Emperor dismissed any verdict the High Court would come to on this appeal on the grounds that it is beyond their jurisdiction; the case concerns an international treaty, not Anisoran law, and therefore the High Court cannot pass judgement over it. The High Courts therefore denied the appeal on those grounds.

This was agreed in the discussion thread: http://www.worldofgotha.com/bbforum/thre...ml#pid4874

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09-06-2017, 01:45 PM
Post: #7
RE: Lamoni v. Impero Anisoro
OOG:

(09-06-2017 11:29 AM)August Dux Wrote:  The Anisoran Emperor dismissed any verdict the High Court would come to on this appeal on the grounds that it is beyond their jurisdiction; the case concerns an international treaty, not Anisoran law, and therefore the High Court cannot pass judgement over it. The High Courts therefore denied the appeal on those grounds.

This was agreed in the discussion thread: http://www.worldofgotha.com/bbforum/thre...ml#pid4874

(08-19-2017 08:14 PM)August Dux Wrote:  
El Jeffe Wrote:Anisora cannot pass a law outside its own jurisdiction.

Since you mention jurisdiction, this is what Anisora will do, something which does not require rewriting or retrofitting.

The Emperor, as the highest authority in the land, will dismiss any verdict the High Court makes on this case on the grounds that it is beyond their jurisdiction. The case concerns an international treaty, not Anisoran law, and therefore the High Court cannot pass judgement over it. Any case outside of Anisoran law, i.e. the finer details of the international treaty of Aerilar, is not a matter for the judiciary of the Anisoran Empire.

The Emperor's decision will certainly ensure the High Court closes the case, as he is fundamentally right.

I will correct the article.

Let me first get this straight: the High Court denied the appeal because the Emperor would have dismissed it as outside their jurisdiction? Whose jurisdiction would they have decided the case falls under?

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09-06-2017, 03:05 PM
Post: #8
RE: Lamoni v. Impero Anisoro
OOG:
El Jeffe Wrote:Let me first get this straight: the High Court denied the appeal because the Emperor would have dismissed it as outside their jurisdiction? Whose jurisdiction would they have decided the case falls under?

The emperor, as the highest authority in the land, interceded and basically said that the Court should never have took on the appeal, as it is outside of their jurisdiction. So they closed the case as the High Court judges and lawyers agreed that was indeed the case.

As for whose jurisdiction is it - no idea. That should have been laid out in an article of arbitration, but wasn't.

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09-06-2017, 03:23 PM
Post: #9
RE: Lamoni v. Impero Anisoro
OOG:
Thanks for clearing that up.

(09-06-2017 03:05 PM)August Dux Wrote:  As for whose jurisdiction is it - no idea. That should have been laid out in an article of arbitration, but wasn't.

That will be corrected.

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