SAE Theory of Inter-State Cooperation · Paper 7: Exit and Switching / SAE 国家间协作论 第七篇: 退出与改接

When a member wants to exit an external arrangement, how is the exit reviewed, and by whom? This paper takes up the three questions handed over by the Theory of the State: how such an exit is to be reviewed, and by whom; whether a rule can also hand to the outside the decision to change that rule itself; and whether a state that has locked its exit in the hands of the outside is still at the state's end. The answer: exit is a change of structure in this state, questioned inside this state, and not decided alone by the position being questioned; the system can review and record, and may require a notice period and a transition period in the covenant, but cannot veto, and the notice period may not be made into a lock. Any arrangement that in fact acquires force over members is a superior, and locking exit uses the same criterion; where a member has set an external consent on its own exit, changing that consent is still its own affair, and the outside cannot stop it except by force. Four steps follow: exit does not write off the account, in three stages; a member is free to leave, but coming back needs consent, and re-accession neither washes the account clean nor lets a state come back bringing a colonization under way; colonizing after first exiting does not count as coming from the system, but there is no exiting, colonizing and then rejoining; the system may expel a member under strict conditions, expulsion does not write off the account and does not change where the colonizing comes from, and its cost is that, for those reached by that state's acts, the road of petition against its acts thereafter is closed within the system. When the system dissolves, it does its best to make follow-up arrangements, and what cannot be arranged is registered as a remainder. The paper opens with the DRP's exit from Article 14 of the Compact while it was being questioned, and draws on Stonegorge's exit and its application to rejoin, a hypothetical case in which the DRP sets an external consent on exit in its own law, a hypothetical case in which Stonegorge enters another state after its exit, and the proposal to expel the UCSE. It interfaces in the text with Grotius, and at the end converses with the "continuously free association" of Appendix II of Kant's Perpetual Peace. The paper has seven propositions (XZ45 to XZ51), each stated at the end of its section and listed together at the end. 一个成员要退出一项外部安排,怎样审,由谁审?这一篇接国家论交来的三问:这样的退出怎样审、由谁审;一条规则能不能把改它自己的决定也交给外部;把退出交给外部锁住的国家,还在不在国家这一端。答的是:退出是本国的构造改动,在本国内部受问,不由正在被问的位置独定;体系能审查、记录,可以在约里要求通知期与过渡期,不能否决,通知期不得被用成锁。凡事实上取得对成员强力的安排就是上级,锁住退出用的是同一判据;成员给自己的退出设了外部的同意,改它仍是它自己的事,外部拦不住,除非用强力。往下四步:退出不销账,分三阶段;走得开,回来要同意,再加入不洗账,也不能带着正在进行的殖民回来;先退出再殖民不算来自体系,但不能退出、殖民、再加入;体系可以开除成员,条件从严,开除不销账,不改变殖民的来处,它的代价是那一国施为所及的人对它此后施为的申诉之路在体系里关上。体系解散,尽量做好后续安排,安排不到的登为余项。全篇以 DRP 在被问的时候退出宪约第 14 条一事开篇,用到石峡邦的退出与再申请、DRP 在自己的法里给退出设外部同意的设例、石峡邦退出以后进入别国的设例,以及开除 UCSE 的提议。随文与格劳秀斯对接,篇末与康德《永久和平论》附录二"持续自由的结合"对话。全篇七条(XZ45 至 XZ51),各节末写出,篇末合列。 Related works Relation Identifier Scheme Resource type Title References 10.5281/zenodo.23584292 DOI Publication / Preprint What a State Is Not (SAE Theory of the State, Prequel) References 10.5281/zenodo.23584315 DOI Publication / Preprint The Last Rule (SAE Theory of the State, Paper 1) References 10.5281/zenodo.23584325 DOI Publication / Preprint The Last Exit (SAE Theory of the State, Paper 3) References 10.5281/zenodo.23584346 DOI Publication / Preprint One Another, with No Superior (SAE Theory of the State, Paper 5) References 10.5281/zenodo.23584352 DOI Publication / Preprint The Last Resort (SAE Theory of the State, Paper 6) References 10.5281/zenodo.23584356 DOI Publication / Preprint Questioning the Last Layer (SAE Theory of the State, Paper 7) References 10.5281/zenodo.23413192 DOI Publication / Preprint Levels (SAE Theory of Government, Paper 4) References 10.5281/zenodo.23413511 DOI Publication / Preprint Questioning and Bearing (SAE Theory of Government, Paper 6) References 10.5281/zenodo.23269635 DOI Publication / Preprint To Whom the Ought Is Addressed (SAE Institution Theory, Paper 1) References 10.5281/zenodo.23271324 DOI Publication / Preprint Open to Questioning (SAE Institution Theory, Paper 6) References 10.5281/zenodo.19328662 DOI Publication / Preprint How Is Institution Possible: From Inter-Ontological Remainder to Co-Constructive Framework (SAE Foundational Paper 6) References 10.5281/zenodo.22313628 DOI Publication / Preprint SAE Conflict Treatise: How Subjecthood Is Not Swallowed by Conflict Itself References 10.5281/zenodo.19656617 DOI Publication / Preprint SAE War Treatise: How Cultivation Is Not Swallowed by War Itself References 10.5281/zenodo.19548596 DOI Publication / Preprint National Law — Azeroth: A Negative Thought Experiment on the Structural Necessity of Law (SAE Law Series, Paper 3) References 10.5281/zenodo.19549018 DOI Publication / Preprint Interstellar Law and Grand Closure — The Recession of Coercive Law (SAE Law Series, Paper 4) References 10.5281/zenodo.20262737 DOI Publication / Preprint The Institutional Architecture of Mixed Reality: The Phase-Transition Evolution of Cultivation and Colonization (SAE Moral Law, Paper 9) References 10.5281/zenodo.20647463 DOI Publication / Preprint On the Severing of Power · Shi (SAE Power Theory, Paper 6)