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[font=Calibri][size=small]Advisory Judgment #1007234

Requested by Emperor Kogen, on behalf of the Council of the Rising Suns

Judgment authored by Ryu Shinagawa, Chief Justice



As requested, this court is looking into the complex legal issues surrounding the recently signed deal between the Gas Miners Guild (GMG) and both the Kusari Corporation of Kishiro and the Rhineland Company of Republican Shipping. The questions revolve around the issues of exclusivity, as well as issues of enforcement of said exclusivity.

[font=Calibri]In looking at the GMG distribution contract, the court sees several passages that are essential to the questions raised by the Council. The first section the court looked at was the Territory and Exclusivity section of the document.

The Distributors have exclusive rights to transport GMG products as outlined in Products section from all GMG stations to distributors designated territories.

The court reads this section to mean that Kishiro has exclusive, meaning no other parties are allowed to participate, rights to move GMG product, from GMG bases to all the territories listed within the section on territory, which for Kishiro includes all of Kusari and Liberty. This section clearly makes a distinction between bases and territory. The Court can see no reason for the language use, except to see bases as bases, and territory as the space of the systems listed.

[font=Calibri]The next section that the court looked at is titled Obligations of Distributors. The part of this section that the court took notice of, reads as follows.

Obligations of Distributors.

Monitor your own distribution territories for unauthorized distribution.

The court sees this as a legally binding responsibility, meaning that Kishiro is compelled to take all steps within reason, to stop non authorized shipments, but not only that, the court sees this as an active responsibility, where-in Kishiro is responsible for setting up a system to police the flow of H-fuel in Kusari. The court recognizes that the kind of operation that would be needed would be vast, and also redundant with the actions of the KSP and KNF in their regular actions of monitoring the flow of traffic in Kusari. The Kusari government has in the past made its resources available to Kusari companies, when the operations are deemed vital by the government, and the operations do not make the KSP and KNF officers change their operations. The court sees this case as a perfect example of such a situation. The KSP and KNF regularly monitor traffic in Kusari, and should they keep track of Hfuel and Plutonium, it would be two items on a long list. Kishiro on the other hand would have to spend large sums of money to develop a fleet of ships and infrastructure, to monitor the flow to only two commodities. The court sees this as a situation where it is in the best interests of Kishiro and the Kusari nation to have the government step in and take over some of the contractual obligations.

As such, the judgment of the court is that the current government plans to change the restricted goods laws, as well as to allow the KSP and KNF to help Kishiro in fulfilling its contractual obligations, is well within the precedents of Kusari law.

This is judgment is signed by the Chief Justice