Proverbial Unrest

[Breotonia]

Proverbial Unrest
"Diplomacy is the art of letting the other party have things your way."
~Daniele Vare, 20th Century Padanian Diplomat​

Foreign Office Main Building
Lunden, Breotonia

The question of Padanian claims to rather inclusive territorial waters had been for some time one of the hundred or more tiny issues in Europe that would surface from time to time and threaten to plunge an unlucky collection of peoples to war for somewhat arbitrary reasons. Usually the claim was either not enforced or at least enforced so loosely that it served as no particular impediment to anybody's interests. Now, however, with il Doge seemingly pursuing a more assertive path, it would be in Breotish and the wider community's interest to settle the matter before things got out of hand. His Majesty's Government was particularly keen to iron out one of the many inconsistencies in maritime law and custom which it had so painstakingly constructed and enforced for hundreds of years. Ruling the waves, it is said, is difficult when participants continually seek to splash one another in the pool.

There was a certain hypocrisy to the Breotish position, if looked at in the proper light. Padanian claims were, at least partially, born of the natural compulsion to protect one's nation. It claimed that it required such extensive territorial waters to aid in its defense and maintain its position. Not entirely dissimilar impulses were at work in Breotonia's higher echelon's of government and military. Instead of claiming an unusual amount of territorial waters, however, Breotonia had instead covertly claimed all waters and then with imperceptible slowness and patience had annexed the rights of its policing and maintenance into the hands of the Royal Navy. It was just this preoccupation that now guided His Majesty's diplomats in their dealing with the Padanian Affair.

Preston Cole, Vice Admiral in His Majesty's Royal Navy, had been asked to oversee the talks. By far the Royal Navy was the most powerful force in Breotish politics and they would not a single iota of their responsibilities dealt with by the Foreign Office. They were happy to let the lawyers and diplomats be present just so long as it was the navy men who did the negotiating. There were a handful of high ranking officers in the service who were called upon to attend to such matters, Cole had been present when the Breotish played host to the countries overseeing the dismantling of the fallen Freiheit and since then had gained as reputation as one of these naval diplomats.

Across from Cole and the large collection of various military and civil representatives of Breotonia were a similarly arranged collection of Padanian officials. They were led by a Ammiraglio Adriano DiMaggio a man about whom the Office of Naval Intelligence new very little and the Foreign Office new nothing at all. Of course, neither can truly be blamed for their ignorance. The world was a big place, resources were always limited, and both suffered from a universal affliction among intelligence and foreign services: CBE. Can't Be Everywhere.

"Mr. DiMaggio, as I'm sure you're aware there is no binding international legal agreement regarding the specific requirements and restrictions on a given nation's claims to territorial waters. Despite many decades of Breotish effort." He gave a smile, it was well known that the chaotic state of affairs regarding the nation's most pressing concern, the sea, was a constant bother to Breotonia. "We have guidelines, precedent. The naval treaties agreed to over the years by Breotonia and Oikawa have entered into unofficial law. In the end, however, the only force that can pass judgement on the rightness or wrongness of a nations actions in regards to the sea is that of international opinion. We can get away with whatever is not met with serious opposition."

"In this instance, however, it seems clear that the greater community is not going to so easily allow Padania to act on its exceptional claims. So, now we meet to resolve this incongruity. We can have give and take, concessions on both sides, and do our best to meet each other halfway but changes will have to be made. So, with that in mind, where shall our give and take start?"

Skipped over usually boring intro stuff. Obviously you can recount anything of importance that may have taken place.

 

[Papist Solaren]

Ammiraglio DiMaggio smiled, his thin pencil mustache twisting strangely as his lips curved, his thin head capped by a thinner, black combover. He had not been chosen to represent the State here because of his political aptitude, linguistic savvy, or military ingenuity. He had been chosen for two simple reasons; he wore the uniform of the nations navy, and he maintained the pro-Party convictions that were practically required to attain his post. His loyalty was undeniable.

That did not mean that he did not recognize the importance of this meeting - without Breotish support, Padania's unilateral claim would only cause conflict and potentially war over a selfish matter. Selfishness, however, was required - acting on international philanthropy would be a disastrous domestic policy.

"To put it simply," DiMaggio began, "precedent is not adequate justification for policy. Precedent says that it is permissible to use nuclear weapons. Precedent says the genocide of races is justified. Precedent states that fomenting revolution should go unpunished. Precedents contradict themselves. Something more permanent is required to create laws that international players should abide by, and leave the precedents to be argued by lawyers. I'm sure you agree."

He paused for a moment, none of his aides conversing with him. They were merely showpieces to give some legitimacy to a military man discussing political policy. "Let me begin with some facts and a question. Precedent states that many states operate on a flexible national maritime claim between 6 to 12 nautical miles. Precedent permits the policing of waters to 24 nautical miles. Precedent excludes foreign enterprises out to 200 nautical miles. Some of these precedents are acceptable. But tell me, why these numbers?"

 

[Breotonia]

Cole glanced to his right where is adjutant sat. He met the younger man's mirror image of his own slightly confused and slightly surprised expression. Perhaps the Padanian was being rude or perhaps he was being so blunt as to merely seem rude. Considering the positions both sides were negotiating from Cole guessed it was probably the latter, perhaps he was forward in a way that offended his own formality or what some might call stuffiness. He turned back to the Admiral and cleared his throat.

"Really now, precedent is important. What is law, in reality, but codified precedent? Certainly mistakes have been made and some of the events of the past that were overlooked at the time are easy to ridicule in modern times. There are few governments that wish for formal laws of the sea as much as my own. Sadly the international community has never been amenable to the idea. Nothing but precedent and, when necessary, force have kept the seas in any state that is approaching peaceful. Until the time when a framework of law exists that all, or at least most, nations subscribe to we fear we are left with only this course."

"As I'm sure you are aware the limit on territorial waters was originally far less than a dozen nautical miles. Originally the concern was that less than this distance would bring coastal targets within range of cannon shots. Of course this limit was increased as the caliber and range our weapons advanced. It seems hardly important now considering how little naval artillery is still used. However, for the last century twelve has been the maximum the international community has accepted and there is very little benefit in increasing the distance. Surely any scenario you might be able to conceive of would have to be rather improbably setup so as to give a nation an advantage in defense by increasing beyond this limit. I would, in fact, posit that fewer than twelve miles would suit a defender just as well."

"If you wish me to admit that some of these numbers are arbitrary then I think I will surprise you by simply saying 'yes'. But just because they are arbitrary does not make them unreasonable. The system has worked fine thus far with all major nations accepting these limitations. Why should the system not be allowed to continue?"

 

[Papist Solaren]

"I agree, in a day and age where aircraft and missiles can traverse distances beyond 12 nautical miles in mere moments, what good does a national maritime boundary even serve? Why even bother maintaining one? The defense of the integrity of the nation and it's people is still the answer - but not a buffer against obvious military threats which are tracked well before they arrive at the boundary, but against those threats not readily apparent. Terrorists and their supplies traveling to shore, bypassing customs. Unwanted vessels broadcasting their subversive radio frequencies. Yes, there is a further buffer against these commonly called the contiguous zone, but my government does not feel that this is simply enough. By the time it would take a naval vessel to respond to the incident, the suspect would already be back in international waters, claiming neutrality and innocence."

DiMaggio slouched in his chair, resting his fingers on his temple, his face pressing against his cheek. He wore the naval fatigues of Padania, a patchwork of blue, white, and greys; while it may have been customary to wear dress whites, he had no compulsion to do so. He was not here for luxury, but business, and business required business attire. "We have pressed our claims to fifty nautical miles not to exclude military vessels of RDTO, EDF, or Belmontien origin, despite their universally unwarranted aggression threatening regional stability - we have made this claim to prevent these entities from undermining the domestic policies of the State through the infiltration of our system by spies and the introduction of contraband into the State. Whether or not the aforementioned parties are knowingly or unwittingly committing these crimes is not our concern, it is unfeasible for us to seek punishment. So instead, we must push our boundaries and force our enemies to act knowingly - and give our security forces ample opportunity to respond."

 

[Breotonia]

Cole puzzled over his next words carefully. The Belmontian-Coronadan War had very quickly escalated and put Breotonia in a position where it may have to uphold the Mantle with large scale force for the first time since the Great War. It had struck Cole as almost sinister the way that the machine of the state, of the Royal Navy, and with the nearly religious obsession Breotonia had with its protection and policing of the sea had all nearly conspired to set the country on a war path with nations it had no other problems with and, in fact, was on relatively amicable terms. When dealing with these matters then it was paramount that he exercise caution because try as he and others might, the country simply would not stand for compromise, even if was in the interest of the nation. The prospect of losing a single life over this issue which could be solved diplomatically, if he just had the skill and patience, revolted him.

"I must confess," he began cautiously, "that I am not entirely convinced of your argument. It seems to me that, in all the instances you listed, you would gain next to nothing by extending your maritime borders. A terrorist ship that cannot be detected as such within twelve miles cannot be detected within fifty. In the age of the internet, satellite communication, long range radios, and other such technologies makes the idea of anchoring a ship in international waters to broadcast messages not cared for by the state seems, forgive me, most antiquated."

"Even in a situation where a vessel had been party to a crime within or against the State of Padania and, for whatever reason, had not been detected prior to the act and which could not be retrieved within the 24 miles which is subject to your policing would, even in international waters, still be subject to prosecution by Padania under the principles of universal jurisdiction if it were a sufficiently serious crime."

"Increasingg maritime boundaries increases the area you must secure, if the 12 miles cannot be sufficiently secured to prevent the entry of contraband, illegal personnel, or other such threats I fail to see how increasing the area is of assistance. Any possible offender could be monitored even in international waters if you felt it posed a threat it could apprehended as soon as it entered your territorial waters. Surely your security forces are capable of such protective services?"

 

[Papist Solaren]

DiMaggio felt frustrated and insulted, but knew better than to act on his emotion. He had to stay cool and calm, and persist through this man's cavalier stance. Not every country had the money to throw into their navy, and that might not be an opinion familiar to a man enlisted in the best funded navy in the world.

"The expansion of jurisdiction allows our vessels to exercise Padanian law further than 24 nautical miles. We can monitor all foreign vessels, but we cannot respond adequately often enough to be satisfactory. We can quickly deploy fighters, and helicopters, to the situation - but we can hardly apprehend suspects or seize contraband with such tools. A naval vessel is required, and a naval vessel is deployed from a port which is, more often than not, much further than 24 nautical miles away from the scene of incident."

He paused before putting forward another question. "If a crime is committed straddling the international maritime boundary, and the suspect is to flee to international waters, what recourse is there left for Padanian vessels? Do we board the vessels in international waters, arresting them - often against international opinion? Do we demand that our ideological enemies, the RDTO, extradite their citizens to be tried in Padanian courts? Do we send a rapid response force of jet fighters to fire missiles at civilian assailants, or worse - send fragile helicopters filled with marines to board vessels with unknown quantities of potential threats?"

"You must realize that Padania's territory is surrounded by approximately 90% sea. To guard this, we have a force of 18 combat ships, thirty littoral patrol ships, and a carrier. Our nation straddles a significant high traffic trade causeway - through which pass a myriad of potential threats too numerous to attempt to monitor with combat vessels. My country hardly has the funding to keep half of it's combat fleet deployed at any given time - in short, with the increased threat due to this regional war and the interference of Communist states, we find ourselves overextended in the defense of our territory. The only way to guarantee the safety of the State is to expand the jurisdiction of its laws and provide more time for Padanian vessels to intercept and seize suspects. It's not simply a matter of 24 nautical miles between the coast and international waters, it's a matter of the distance from port to incidence location. If a vessel is suspected to have committed a crime 20 miles off of our coast, they then have 30 miles to sail while still under direct Padanian law - and not some fuzzy grey international law area that is more subject to the whims of major political players and news media than the interests of upholding sovereignty."

 

[Breotonia]

Cole pondered whether or not he may have insulted DiMaggio. He was, after all, a military man and may be displaying his own brand of straightforwardness that could be interpreted as disrespectful. The last thing he needed was for Padania to withdraw from talks, that would be of no benefit to anybody. This incongruity in international law had to be dealt with sooner or later and now was the perfect time to start. Once there was a final understanding on basic maritime boundaries then there were only a hundred or more such problems to face. "I mean it most respectfully when I say that I am still not wholly convinced of the needs of Padania in particular and states in general to have such vast swaths of the seas under direct national control."

"Surely, Admiral, you realize that the international community simply will not accept your claims as presently stated. They must be amended, even if, perhaps, it seems unfair. Really, what crime could a vessel commit at 20 miles that they could not do at 100?"

Cole was tempted to simply offer to guarantee Padania's sea borders with the force of the Royal Navy. He knew, however, that he hardly had the authority, that it would be politically unpopular, that it would only add strain to the navy's operations, and finally that, in all likelihood, Padania was too proud to accept such a offer. The problem truly was in Padania's lack of strength, not the size of its borders, and that was a problem that it was not in his power to remedy.

"I realize your frustration with the situation, and Breotonia of all nations sympathizes with your desire to secure your borders at sea. We must face facts though, so long as international waters exist at all it will always be possible for criminals to evade punishment if rival nations would shield them from justice. I would, in fact, posit that a far more sure means of holding such lawbreakers responsible would be to focus on the creation for international protocol on the extradition of such criminals. Of course, in the current political climate such a framework seems unlikely at best, thought such a movement would have full Breotish support."

"Your present attempts, however, would not, in the opinion of His Majesty's Government, be acceptable nor would they be successful. There must be room for compromise."

 

[Papist Solaren]

(ooc: reposted from Sinhai post; the disabling of linked user function is very annoying)

"There is some room for compromise; surely if there were not I would not be here!" he smiled as he teased the Breotish man, slumping forward in his seat to bring himself closer to his counterpart, despite being a full table away. "As you are already likely aware, the concept of a contiguous zone does not implicitly infer that a state has the authority to detain a vessel suspected of terrorism - it only permits a nation to apprehend a vessel suspected in destabilizing the environment or economy of the coastal nation in question. I find it fairly ridiculous that international precedent allows for the policing of vessels committing crimes against the environment or welfare of the people, but not against vessels committing crimes against the State responsible for the security of both. I'm sure you, and any other rational man, can agree to this."

"So, as my first compromise, I propose to you this. Regardless of the extent of the contiguous zone or territorial waters, it should be possible for any state to enforce laws of the coastal state upon a vessel in the contiguous zone if the crime in question is believed to affect the coastal nation - regardless if it is pollution, smuggling, piracy, terrorism, espionage, or any other law in effect over the territorial waters. If a law is broken in the contiguous zone that directly impacts the territorial zone, an arrest can be made. A court will then decide whether or not the crime did indeed impact the territorial waters, and whether or not a crime was actually made. Do you agree, or do you feel that this blurs the line between current territorial and contiguous zones too much?"

 

[Breotonia]

Cole was glad to see that progress was, despite his fears, being made. "In practice contiguous zones tend to be treated not entirely unlike territorial waters anyway. Their legal standing is even more poorly defined then most of the aspects of this area of international law. I would think that the conditions under which a state might take preventative action are so vague as to allow the type of enforcement you propose already in a way that would not seriously undermine our current standards. In practice it is probably best that all attempts be made a cooperation and coordination with the state under whose flag the ship flies but this wouldn't be necessary in the event the crime was serious and the home state was completely unreasonable. The only trouble I can foresee is in circumstances where the offended state wishes to enforce laws that the wider international community would find unacceptable. Such powers of enforcement also could not be used to obstruct a vessel's right of free passage."

"The main question remains, however, on distance. It is common that the contiguous zone extends another dozen or so nautical miles from the edge of territorial waters, bringing the total area available for some form of jurisdiction up to 24 miles. Half that of what you are presently attempting to achieve. Am I to understand that if Breotonia would support, in a yet to be refined form, Padania's proposal to allow enforcement in contiguous waters you would allow such waters to not exceed this 24 mile mark?"

 

[Papist Solaren]

"I see your point," DiMaggio conceded, considering Cole's opinions on the manner of law to be enforced in the contiguous zone. He didn't find the idea of being held accountable for some ridiculous law, like class oppression, to be an appetizing prospect. "Perhaps we should relegate it, then, to suspected violent or directly subversive actions, in addition to things like smuggling and pollution. A vessel believed to be, for example, receiving or broadcasting subversive signals to espionage personnel, or supplying terrorist groups, should be able to be interdicted."

"As for distance," he grumbled as Cole pushed the 24 nautical mile mark on him, "I am still reluctant. The argument presented against the fifty nautical mile mark thus far has simply been 'it goes against precedent', and not a significant or credible reason. A contiguous zone does permit tolls, yes; but Padania has signed treaties which prevent us from significantly impeding or detrimentally affecting the costs of travel in the Long Sea. Regardless, we would not levy tolls; we recognize the international significance of the maritime causeway and have no desire to damage it. Is there any other argument?"

"But, ultimately, yes, I would concede to a more... respectable limitation on the zone if we are permitted jurisdiction."

(ooc: just found out, 50 nmi military zone/contiguous zone is claimed by DPRK, Peru and Iceland claim 200 nautical miles as territorial sea)

 

[Breotonia]

There were a variety of outcomes foreign policy analysts had predicted and a slightly smaller number that had been approved by various branches of Government that Cole was allowed to agree to. Now that a measure of common ground existed between himself and DiMaggio he intended to try and steer the Padanian to one of the acceptable options. "While His Majesty's Government would prefer 24 nautical miles to be the limit of the combined territorial and contiguous zones, we are willing to be flexible in our final decision especially taking into account the great efforts you have been taking in trying to make your policies more palatable for the international community. I am aware that such work is unpleasant and can only be undertaken by those that truly have the best interests for the world in mind, for that I thank you."

"We would be willing to accept and publicly defend your right, and the right of any nation, to have a combined distance for the territorial and contiguous zone to extend thirty nautical miles off the coast. The territorial waters themselves should continue to extend no further than twelve miles with the additional eighteen being made up by the contiguous zones. Of course the stipulations already mentioned, regarding what type of laws might be considered prosecutable in contiguous waters for instance, would still be present. I hope that this goes an acceptable distance in trying to accommodate your needs."

 

[Papist Solaren]

Ammiraglio DiMaggio considered the number for a minute. He knew fifty was a far fetched idea, and had hoped to compromise at 30, though he had ideally desired 15 territorial 15 contiguous split. He had personally spoken with the Doge, and hew knew that thirty was acceptable, arguing about minor details would just take time and prolong this meeting.

His aides had been grumbling amongst themselves, each seemed to represent a negative opinion, particularly the men who were obviously Curatoes plants. The fact that Curatores had put plants in his mission, however, and questioned his loyalties, was enough for him to agree with Cole.

"Yes, I can agree to thirty nautical miles total, with the contiguous zone being extended six nautical miles. And, the contiguous zone would cover crimes which directly impact territorial waters, yes? These nautical zones would also extend for airspace, I imagine," DiMaggio paused. He knew better than to listen to the whining man next to him, they all coveted his position, and the trust he had with the Doge. "If we can agree to the addition of subversive actions against the territory, as well as the slight extension of the contiguous zone, then I feel confident enough to sign a treaty which would solidify these definitions. The State would recognize the same claims made by any other state, and any country that has special cause for exception can be considered at a later date?"

 

[Breotonia]

"Provided that the stipulations we made regarding incidents the international community would consider crimes are the only type enforced in the area, which would include obvious subversion such as espionage and the like, I think His Majesty's Government is perfectly willing to sign a treaty with conditions as stated."

 

[Papist Solaren]

"Then let's get this done quickly. I would rather not have an incident just as we accomplish something diplomatically. I pray that Breotonia hold a summit to permit this treaty to be ratified by other nations - it would go far to lend Padania credibility," DiMaggio nodded to Cole, he was pleased to know that, despite their two countries disagreements on policies, they had been able to accomplish something that would deescalate the situation in the Long Sea.