FSUTO Public Safety Treaty

redyellored.gif (1946 bytes)

1. Public Safety
(A) The safety laws and regulations of each sovereign government must be respected, where there are conflicts in the laws or their interpretation they may be settled by mutual contracts, or if by no other way, they will be taken before a Joint Litigation Court to settle the matter.
Every sovereign entity who joins the FSUTO-PST agrees to work to protect public safety, and to allow workers to create safe working conditions for themselves. To accomplish this, the sovereigns agree that when there is a dispute or conflict between their different regulations, that they will allow the issue to be settled in a Joint Litigation Court.
(B) Persons and entities who are treaty members may sue other treaty members, individuals, entities and governments for damage caused by other's carelessness. This creates an incentive for everyone to develop safe conditions. This responsibility under the PSTreaty, only covers public safety, persons who go onto another's private property do so at their own risk according to conditions set by the property owner or by contractual agreements that the owner has signed.
(C) The only exception to this, is; that signatories agree not to use lethal force against a trespasser, unless the property owner feels that the trespasser poses a real threat to the physical safety of persons on the owner's property or that the trespasser is obviously engaged in a malicious criminal act of; breaking and entering, theft, vandalism or other destruction which carries with it the threat to the physical safety of innocent persons on the property.

2. Transportation
Persons and entities who are treaty members may sue other treaty members, individuals, entities and governments for damage caused by other's carelessness that results from a transportation accident that injures or kill a person located outside of the vehicle or travelway or, that damages property outside of the travelway.

3. Aircraft
Persons and entities on the ground, who are harmed by an aircraft accident, may sue the owner of an aircraft, it's company and any overseeing authority, such as; an insurance or regulatory company or the government who had jurisdiction over them, that was supposed to take responsibility for making the aircraft safe.

4. Travelways : Highway, Railway, Waterway
Persons and entities outside of a travelway, who are harmed by any vehicle traveling on the travelway or that left the travelway or that allowed hazardous chemicals or other materials to escape from a transport, may sue the owner of the road, transport vehicle or the owner of the hazardous substances, it's company and any overseeing authority, such as; an insurance or regulatory company or the government who had jurisdiction over them, that was supposed to take responsibility for making the roads and transports safe.

5. Hazardous Buildings
(A) When someone is constructing a new building in a close urban area, the neighbors may inquire to the builder or owner to see the building plans, if the plans show a poor and potentially dangerous construction, then the neighbor may file a law suit to get the builder to correct the plans so as to make the building reasonably safe for the neighbors according to the standards and determinations of common law standards of the Joint Jury. (B) If a neighbor believes that an already existing building poses a threat to one's property or safety, then that neighbor may file a suit, to have the building inspected to determine if it is a public hazard. If the inspection determines that it is a hazard, then, the owner of the hazardous building may, either; (aa) make changes to make the building safe, or (bb) challenge the suit in court, if the Joint Jury determines that the building is a public hazard, then the owner will be obliged to make it reasonably safe to the public. The suit is just to get the constructor to make the building safe, it does not allow for the payment of liability damages, unless the already constructed building has caused damage to someone else's property.
(C) The hazards that pose a threat to the neighbors or the public in general are, (aa) an urban building that is adjoining other buildings or is of multiple stories and is near enough to other buildings, that if it collapsed, it would likely fall on those other buildings and is, either, so poorly constructed or is so old, that it is a threat to collapse, or (bb) shoddy electrical wiring of the building or the fuel or gas system or some other potential fire hazard exists that poses a real and direct threat to other buildings very close by, so mush so, that if the building were to catch fire, the fire would immediately spread to surrounding buildings. In this case, as stated before, a neighbor who believes there is a threat should file to have the building inspected and then if necessary file a litigation suit.
(D) Buildings that are located in the suburbs were houses are over 30 meters apart are far enough apart so as not to pose a direct threat to the neighboring houses, the only way the a neighbor may take action against a suburban or urban building that is located more than 30 meters away is if the neighbor can show that there is a direct threat, possibly because of the building being more than 1 story, if it were to collapse some of it might fall on another's property or that a fire in the building would immediately spread to neighboring properties.
(E) People in non-urban areas will have to use voluntary zoning contracts to get property owners to agree to building codes.
(F) If the owner were to refuse to comply with an inspection warrant or compliance with codes, then since force cannot be used against non-criminals, the neighbors can legally have the property blockaded, that means that no transports would be allowed in or out and the electricity and water would be turned off to that property, this will prevent construction (no police force is necessary) until the owner agrees to comply with the recommended building codes.

6. Hazardous Industries
Persons and entities who are harmed by industrial accidents, may sue the owner of the entity that was responsible for the accident, it's company and any overseeing authority, such as; an insurance or regulatory company or the government who had jurisdiction over them, that was supposed to take responsibility for making the industry, factory, process or materials used by the industry safe.

7. Reckless Actions
Persons and entities who are harmed by the reckless actions of others, may sue the person or entity who's recklessness caused the harm. In the case of recklessness by a public entity, the claimant may sue the company and any overseeing authority, such as; an insurance or regulatory company or the government who had jurisdiction over them, that was supposed to take responsibility for making the entity or service safe.

8. Direct Threats
Persons and entities who are being directly threatened by an activity or the presence of hazardous material or dangerous or irresponsible actions on the part of another person, should first ask the person or entity to remove the threat, if the person or entity refuses, then the one threatened may sue the threatening party. If the claimant proves that the threat is real and direct, then the threatening party will be obligated to remove threat. In the case of threats, the claimant can claim damages if one can show that the threat caused some loss, such as; loss of business or an increase in insurance premiums, otherwise the threatening party will only have to remove the threat but won't have to pay any damages. In the case of a public entity, the claimant may also or instead of, sue any overseeing authority, such as; an insurance or regulatory company or the government who had jurisdiction over them, that was supposed to take responsibility for making an entity or service safe.

9. Firearms and Explosives
(A) (aa) Persons who have not been convicted of what constitutes a felony crime in any member government may carry guns in FSUTO public spaces, concealed and in view. (bb) All guns possessed in FSUTO spaces must have trigger locks or smart gun technology (where the gun recognizes the gun owner's fingerprint in order to fire). (cc) Guns may be banned in certain official treaty governing FSUTO spaces, e.g. government, court buildings, etc.
(dd) Illicit explosives are banned in all FSUTO public spaces.
(B) Member governments agree to, when allowed by their constitution, to use appropriate means to cooperate with other governments to stop the illegal weapons trade between jurisdictions.

10. Emergency Powers
(A) The authorities may not forcibly remove any person from a dangerous situation or under threatening weather or prevent person from traveling into an area of danger.
(B) (aa) [aaa] The authorities may cordon off a disaster area and prohibit persons other than authorized officials, the owners of the property or other persons authorized by the owners of the property from going into the area. [bbb] The area cordoned off may include public spaces that have been damaged or where there is a danger from falling debris or downed power lines. [ccc] To cordon off an area across jurisdictional lines requires the consent of all of the sovereign governments involved.
(bb) [aaa] In a area where buildings are open because of damage and vulnerable to looting, the authorities may only guard specific cordoned off areas. [bbb] No one may use lethal violence against a person who is simply looting without threatening anyone else.
(C) (aa) The authorities may not impose a curfew for any reason on anyone; except in areas that are cordoned off. (bb) The curfew does not apply to the owners of the property or other persons authorized by the owners of the property from going into the area and may not prevent people from moving across jurisdictional borders who have not consented to the curfew.
(D) Authorities may not use violence to forcibly seize private property during an emergency, however should the authorities or anyone else need to take property without the owner's permission in a emergency. There may, however, be differences in how jurisdictions treat such a taking and the authorities responding in an emergency should have their sovereign governments reconcile such differences beforehand; in the absence of such an agreement the law that will apply is the LLC-XII;2(B)(bb).

II. PST Agency

1. PST Superviser - Executive
The sovereign governments will determine the term by vote.
2. PST Council
(A) a council to the Committees, composed of 10 persons elected by the sovereign governments by vote. (B) The Council members are to choose a line of succession to the Superviser in the case of the Superviser not being able to carry on one's duties.
(C) Voting

3. Committees - Managers, head each committee and are to be chosen by being nominated by the Superviser and confirmed by a majority vote of the PST Council.
Travelways
Buildings
Industries
Air Safety
Hazards
Firearms and Explosives

by Libercratus

ESSAY
proback.gif (1445 bytes) prohome.gif (1430 bytes) proindex.gif (1476 bytes) pronext.gif (1461 bytes)