Sender: GMG Guild Master Nozaki Ichimoto
To: Tawa Katana
CC: The Council of the Rising Sun
Subject: Distribution of GMG Fuels
Tawa Katana e,
The Distribution Clause: The distributor(s) have exclusive rights to transport GMG products as outlined in "Products" from all GMG-owned stations to distributor(s) 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.
The court validates the clear wording of the Distribution Clause, which clearly defines the rights of the distributors to exclusively transport products to their designated territories, which is entirely distinct from the exclusive transportation of products through their designated territories. By ignoring transportation through a territory, the court inherently conceded that Kusari has no jurisdiction over it. When queried to where he or she is "transporting to," a vessel's captain will respond with its destination, not its path. A Republican vessel transporting to New Berlin from Okinawa is not transporting GMG product to Honshu, only through Honshu.
Kishiro possesses exclusive rights to transport GMG product from GMG stations through any territory to its territory of exclusivity, just as Republican possesses exclusive rights to transport GMG product from GMG stations through any territory to its territory of exclusivity. Nowhere is Kishiro given any regulatory oversight regarding products transported through Kusari to destinations outside of Kusari or Liberty, and cannot pass on the Kusari government a regulatory oversight that Kishiro does not possess to begin with. Both Kishiro and RepEx agreed to the distinction between transport to a territory and transport through a territory by agreeing to a contract that makes such a distinction. No party to any contract is ever lawfully entitled to a one-sided, post-hoc revision of the contract through the unilateral means of a secret court. Such a thing is a subversion of the rule of law.
The sudden and surprising appearance of the alleged "advisory judgment" at a most convenient moment is ultimately inconsequential, as there are no records of any GMG representatives being in attendance of such a court proceeding. The Gas Miners Guild governs itself according to the rule of law and mutually negotiated agreements, not one-sided, "classified" rulings created by secret courts whose proceedings are closed to one of the parties involved in the legal action. Such proceedings are the antithesis of both due process of law and equality before the law, which are principles that have governed every legitimate legal proceeding for centuries, and have now been casually cast aside in favor of financial benefit and political leverage.
Attempting to legally reinterpret the Enforcement Clause without the participation of the Gas Miners Guild to encompass the possession of products entirely for the convenience of Kishiro is not a legal ruling, but is instead a de facto renegotiation of a private contract without the participation or even notification of one of the parties to the contract. This is unprecedented in the annals of law, and threatens to invalidate the contractual obligations of all businesses within Kusari by casting them into an abyss of doubt bridged only by a secretive and convenient court proceeding. Under such circumstances, no business interest can conduct its operations in good faith under the aegis of Kusari law, because the Kusari legal system itself is undermining justice, law, and truth in an obvious and coordinated attempt to provide leverage for the government's foreign policy.
A revocation of this unprecedented intrusion into the Gas Miners Guild's private agreements can be the only possible prelude to any future negotiations with the Kusari government. If the Kusari government is willing to secretly rewrite private contracts for the purposes of foreign policy leverage, then how can any foreign entity have confidence in the validity or sanctity of future agreements with either the Kusari state or its corporations?
Kishiro's actions in soliciting the decision of a secretive Kusari court to invent new language for insertion into a privately arranged contract in order to gain advantages through statist force which it could not gain through a negotiated agreement is an act of bad faith and duplicity that casts serious doubt on the ability of the Gas Miners Guild to consider any future partnerships with Kishiro. The complicity of the Kusari government in this unprecedented intrusion likewise undermines the credibility of any other Kusari corporation's word by creating an expectation of future backroom double dealing which no legitimate business concern would willingly subject itself to.
In order for the Gas Miners Guild to consider future cooperation with Kusari, it is necessary for the Kusari government to uphold the clear original intent of mutually negotiated contracts and treaties, and not rely on privately administered courts to insert new language into those agreements after they have been ratified, starting with the modification of the Legal Codex to correctly reflect the Distribution Agreement's distinction between "transport to" and "transport through" as it was agreed upon by all signatories and as the Kusari court implicitly defined.
I present this gift to Your Imperial Highness, an ancient antique that has been meticulously cleaned and is now flawless.