Treaty of the Esquarian Community

Treaty of the Esquarian Community

Flag of the Esquarian Community
Type	Founding treaty
Signed	May 3, 1990 (1990-05-03)
Effective	September 9, 1990 (1990-09-09)
Parties	Member States of the EC
Depositary	Esquarian Secretariat

The Treaty of the Esquarian Community is the founding document of the Esquarian Community (EC), an international organization in Esquarium. It was signed by delegates from the founding Member States of the EC on 3 May 1990 and came into force when it was ratified by all the original signatories on 9 September 1990, considered the EC's date of creation.

Content

The Treaty's preamble states the reasons for the Community's creation: to further Esquarian integration while protecting human rights, promoting peace, and making economic and social progress. It commits the EC to protecting these principles and requires that Member State support each other in the event of conflict. It also calls for the creation of the Esquarian Common Market and continued economic integration. It empowers the EC to enact binding laws for its Member States and creates an Esquarian Citizenship, which is invested with rights and privileges, including the right to vote in Esquarian elections.

The Treaty creates and defines the Institutions of the Esquarian Community, which are, in the order given by the text:

• The Esquarian Parliament
• The Council of Esquarium
• The Esquarian Court of Justice
• The Esquarian Court of Human Rights
• The Esquarian Secretariat

It confers specific powers and duties on each of these Institutions and creates the offices of President of the Esquarian Community and President of the Council of Esquarium.

Lastly, the Treaty includes an article on the EC's financial structure.

Text

Treaty of the Esquarian Community

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Preamble
The States Parties to this Treaty,
AFFIRMING their collective will to cooperate in the advancement of Esquarian integration,
PLEDGING to support and protect democracy, liberty, and human rights,
DESIRING to promote peace among themselves and in Esquarium at large, and
DETERMINED to secure economic and social progress for their peoples,
ESTABLISH by this Treaty an Esquarian Community.

I. Establishment and principles
1. The Esquarian Community (hereinafter “Community”) is hereby established.
2. The Community is based on ideals of democracy, liberty, equality, justice, human rights, and the rule of law. It and its Member States are bound to uphold and support these ideals.
3. The Community is intended to promote peace among its Member States. Member States will settle disputes among themselves without recourse to violence, and will support each other in the event of external aggression.
4. The Community will promote safety and security by enabling cooperation in police and judicial matters among its Member States.
5. The Community will promote economic prosperity by reducing barriers to trade and free movement among its Member States and, in general, seeking to establish economic integration. It will maintain a Common Market and work toward unified tariffs and customs regulations.
6. The Community will establish a common defense and foreign policy.
7. The Community will ensure that consumers and the environment are protected from harm by establishing uniform regulations throughout Member States.

II. Membership
1. The present States Parties to this Treaty which subsequently ratify it are Member States of the Community.
2. New Member States may be admitted by a two-thirds vote of existing Member States, at which time they will accede to this Treaty.
3. Observers to the Community may be accredited or disaccredited by a majority vote of existing Member States.
4. Member States may leave the Community by informing the Council of their intention to do so, and will at such time cease to be parties to this Treaty.
5. A Member State may be censured by a majority vote of the Council in the event that it fails to uphold the ideals which are enumerated in this Treaty or in the Esquarian Charter of Human Rights, in which case Parliament may then, by majority vote, suspend the Member State. The Member State may be reinstated on nomination by a majority vote of the Council, confirmed by a majority vote of Parliament, when respect for such ideals has been restored.
6. Unless otherwise stated at the time of accession, all territories and autonomous regions of Member States are considered to be integral parts of the Member State for purpose of membership in the Community. Protectorates and associated states are not considered integral parts of Member States for the purpose of membership in the Community and must apply for admission separately.

III. Powers and responsibilities
1. The Community, through its legislative process, has the power to make Esquarian law, which is binding on Member States.
2. The Community has a single legal personality and is competent to make treaties with subjects of international law which are not Member States. Such treaties will take the form of Esquarian laws.
3. The official languages of the Community are the official languages of each Member State. Each official language of the Community is equal in status, and translation among them will be provided within all Institutions.
4. The Community may not impose direct taxation on the income of Esquarian Citizens.

IV. Citizens
1. Citizens of Member States are also Esquarian Citizens. All Esquarian Citizens are equal under Esquarian law and have equal access to its Institutions.
2. Esquarian Citizens have the right to be represented in Parliament and to petition Parliament.
3. Esquarian Citizens have the right to travel for personal or business purposes throughout the Community without a visa for a period of no less than 180 days in any 360-day period in any given Member State.
4. Esquarian Citizens have the right to vote in elections to the Esquarian Parliament in any Member State in which they legally reside.
5. Esquarian Citizens have the right to consular protection by any Member State in the event that such protection is unavailable from their state of citizenship or usual residency.

V. Institutions
1. The Institutions of the Community are:

i. The Esquarian Parliament

ii. The Council of Esquarium

iii. The Esquarian Court of Justice

iv. The Esquarian Court of Human Rights

v. The Esquarian Secretariat

2. Each Institution will work to further the aims of the Community as set forth in this Treaty and subsequent Esquarian law.
3. Each Institution may set its own rules of procedure.
4. The permanent headquarters of each Institution will be established by Esquarian law.

VI. Esquarian Parliament
1. The Esquarian Parliament (hereinafter “Parliament”) is the collective representative of the citizens of the Community.
2. Parliament will be composed of a number of delegates elected from and representing the citizens of each Member State.
3. The number of delegates to Parliament from each Member State will be determined by a formula based on the population of each Member State in accordance with degressive proportionality. Each Member State will have at least five delegates.
4. Member States may determine the method of electing their delegates to Parliament, provided that the method is based on popular vote in free and fair elections by secret ballot and results in proportional representation.
5. Parliament will have a term of five years unless its members choose to dissolve it before the end of its mandate.
6. Parliament has power to approve or reject proposals placed before it. Should a proposal be rejected, it will be referred to the Council for reconsideration.
7. Parliament will choose from among its members a presiding officer who shall concurrently serve as President of the Esquarian Community, with the authority to:

i. preside at its meetings,

ii. represent the Community at official functions with all powers extraordinary and plenipotentiary, and

iii. sign legislation enacted by Parliament into law.

8. Parliament will remain in session until a new Parliament takes office.

VII. Council of Esquarium
1. The Council of Esquarium (hereinafter “Council”) is the executive body of the Community and will propose legislation to Parliament for ratification.
2. The Council is composed of the head of government of each Member State or their designated representative. Each Member State is equal in vote and representation at the Council.
3. The Council will choose from among its members a President of the Council of Esquarium, who will preside at its meetings.
4. The Council will remain in continuous session.

VIII. Esquarian Court of Justice
1. The Esquarian Court of Justice (hereinafter “Court of Justice”) is the sole venue competent to hear disputes regarding Esquarian law. Member States agree to respect and adhere to its decisions as binding acts of Esquarian law.
2. Each Member State may appoint one judge to serve on the Court of Justice at any given time.
3. A majority of judges adjudicating a given case is necessary to reach a decision.

IX. Esquarian Court of Human Rights
1. The Esquarian Court of Human Rights (hereinafter "Court of Human Rights") will hear cases arising from the Esquarian Charter of Human Rights, which is binding on every Member State, along with any additional Protocols which call for recourse to the Court of Human Rights. Every Esquarian Citizen has the right to petition the Court of Human Rights when his or her rights under the Esquarian Charter of Human Rights have been violated.
2. The Court of Human Rights will consist of five judges selected by the Council and appointed by Parliament. Judges will be juridical experts of high moral character who are Esquarian Citizens.
3. At its elections, each Member State may nominate one judge to serve on the Court of Human Rights.
4. The Council will choose from the among nominated candidates by means of approval voting.
5. Judges on the Court of Human Rights will serve for a term of one year, which may be renewed.
6. Judges on the Court of Human Rights vacating their seat may be replaced for the remainder of their term by using the same procedure as used for regular elections.

X. Esquarian Secretariat
1. The Esquarian Secretariat (hereinafter "Secretariat") will execute the mandates given to it by Esquarian law under the direction of the Council.
2. The Secretariat will be operated by a competent and professional civil service chosen from among Esquarian Citizens.

XI. Esquarian Common Market
1. There is hereby established an Esquarian Common Market (hereinafter “Common Market”), which is intended to reduce barriers to trade and coordinate economic development.
2. All Member States are part of the Common Market. States outside the Community may join the Common Market by the same procedure used to admit new Member States, but will have no vote or representation in any Institution.
3. No tariffs may be imposed within the Common Market.
4. No regulations having a purely protectionist intent or outcome may be imposed by any state in the Common Market.
5. Taxes and external tariffs imposed by Esquarian law will be uniform throughout the Common Market, excepting external tariffs reduced or eliminated by trading pacts and free-trade agreements ratified prior to the accession of the applicable member state to this Treaty, or made with the consent of the Esquarian Community.
6. Esquarian laws and regulations regarding consumer protection will be uniform throughout the Common Market.
7. Esquarian laws and regulations regarding the protection of workers and the environment will be uniform throughout the Common Market.
8. The Common Market may have additional functions assigned to it by Esquarian law.

XII. Finance
1. There is hereby established a Treasury of the Esquarian Community (hereinafter "Treasury"), which will be managed by the Secretariat. The Treasury will be the sole depository of all funds paid to the Community and the sole source of funds paid out by the Community.
2. Funds may be withdrawn from the Treasury only in accordance with Esquarian law.
3. Member States are responsible for allocating sufficient funds to the Community to ensure its operation. Annual membership dues will be assessed to every Member State in accordance with its population and gross domestic product.
4. Special funds may designated for specific purposes outside the normal operating budget of the Community, but will be managed under the authority of the Treasury.
5. The Council and Parliament may sanction Member States which fail to pay their dues, but no Member State may be expelled for failure to pay its dues.

XIII. Amendment and ratification
1. Amendments to this Treaty may be proposed under the same procedure used for making Esquarian law. They will be ratified and incorporated into this Treaty when approved by at least two thirds of the members of the Council and Parliament, though each body may choose to set a higher threshold.
2. This Treaty will enter into force when it has been ratified by all original States Parties. The Community will commence its operation when the Treaty enters into force.
3. The official depository of this Treaty is with the Esquarian Secretariat.

DONE this third day of May in the year 1990.