by Papa Clement Wed Nov 18, 2020 9:39 am
Unless the treaty states that it is only valid if all 4 signatories sign (which some do), then generally those parties who have signed a treaty are bound by it, but it depends on 3 other aspects:
1. The specific terms of the treaty.
2. The context within which the treaty was signed.
3. The legal capacity of the signatories to make an agreement.
Taking these elements in order:
Terms
The most obvious recent example is from G7 - the Treaty of Scotland, where there was an Anglo-French coalition fighting Spanish-Austrian-UDP coalition. Some nations wanted to stop fighting after players had changed; others didn't or wouldn't. So the treaty included these 2 terms:
"1. This treaty between England, France, Spain, Austria and UDP is designed to stop the current conflict from becoming a new 30 Years War by offering allied nations an honourable exit from a war they have no interest in fighting.
8. This Treaty is governed by Agema Treaty Rules. If a signatory fails to sign by March 1712, they must make a separate bilateral peace with their opponent."
England, France, Spain, Austria signed the treaty, so were deemed to be at peace with each other. UDP did not, so England/France remained at war with UDP until UDP signed a separate peace (The Treaty of Amsterdam) at the end of 1713.
Context
Context is also important because it could be argued that with only UDP holding out, who was UDP going to be able to fight against? Clearly within the context of the origins of the war and the purpose of the treaty, it was impossible to force UDP to de facto be at peace without signing anything. Context is hugely important in this case because each nation had their own reasons for being at war, reasons which had been stated in the newspaper. Without going over a lot of game history, France joined the war against UDP in defence of King James. Austria joined the war as an ally of UDP. Spain joined the war for reasons Stuart will no doubt explain himself. England (King James) and UDP were at war for more complicated reasons since with various changes of players (and both nations being inactive at times) there had not been a peace signed for a decade. So from William's perspective he could argue that he was fighting to regain England (KJ having been restored in 1705), but from KJ's perspective he could argue that William had accepted this as a term of him being released at that time. The war from England's perspective was therefore about defeating Williamite rebels who had taken over parts of KJ's realm (including Scotland). That those rebels were backed by those nations/players who had recently accepted the 1705/06 peace would appear to have given further justification for the war to continue irrespective of that earlier peace. Events in G7 may appear complicated to those not involved, but they do illustrate how difficult it can be to bring wars to an end when they have several interested parties, and how the interests of those parties can change the context within which any treaty must be viewed.
Capacity
It would have been meaningless for William to sign 'on behalf of England' since England was ruled by KJ. It would also have been meaningless for William to sign 'on behalf of Scotland', since Scotland was understood to be English albeit in rebel hands. Similarly Spain could not have signed on behalf of the Kentigern (Scottish) rebels he was controlling despite being 'in control' of a large part of Scotland. All such decisions could and would have been overturned once England defeated the rebels. Had any such treaties been signed by those who did not have the legal capacity to do so, then those treaties would be void (i.e. not exist) and therefore nobody is bound to keep to them. The most that can be said of them is that they are political statements of encouragement between 2 players. Your nobles may, or may not, be in favour of them, but they cannot have any legal force. Ultimately any succession dispute ends when the parties who are disputing a succession agree to withdraw their claimant and sign a treaty with those they are fighting against to recognise another. This is why clause 5 of the ToS used the rather neutral words: 5. All signatories accept the legitimate claim of King James Francis Edward Stuart to the crowns of England, Ireland and Scotland according to the Papal Bull Britannicus Clement. This form of words was adopted to try to help UDP (in vain as it happens), so does not completely close the door on any future challenge. However, with Spain/Austria having signed the treaty, should they change their minds, they will need to find a new reason for war, not to 'restore' William.
I should also add that as a general principle, the law cannot be used to validate an otherwise illegal act. The Treaty of Scotland contained clauses recognising the Papal Bull which strengthened KJ's position. The Papal Bull made it difficult for Catholic nations to go against the Pope, so some of the clauses in the ToS were a repetition of the wording used in that Bull, and had to be interpreted within the context of that Bull. This continued to be a cause of contention between the English and Spanish interpretations of the wording, but despite 3 years of wrangling, so far peace has held. Had the ToS contradicted the Papal Bull then it could have been challenged as inconsistent with what the rulers signing it would have reasonably meant.
What the game lacks, of course, is a 'court Agema' so in a sense forensic legal quibbles do not have the importance they do in real life. However, if there is doubt, 'ask advisors' does clarify how your nobles view what you signed. Clause 6 reads: 6. All signatories promise not to offer support to any group or individual seeking to undermine another signatory of this treaty. which was designed to stop Spain backing factions fighting against KJ. However, it proved its worth to Austria when Hungarians seeking their freedom under Prince Rak, wrote to KJ asking for him to recognise the status of Prince Rak. I asked advisors whether clause 6 prevented me from doing so and they replied (in public) that it did. Consequently despite KJ being prepared to receive Prince Rak as a prince, England was unable to do anything to help his Hungarian rebellion.
You will note that I have carefully avoided mentioning G10 and your difficulties there - my opinion on which should be well known to regular correspondents in game, and readers of that newspaper. I will add that in G10 where there is no dispute between the Maritime Powers (England, Scotland, UDP) over who their King is, William does have the legal capacity to sign a treaty on behalf of all 3 nations. Whether those nations would consider themselves bound by it is another question since they could claim any royal decree from William has not gone through their own Parliaments. However, if they went against the stated policy of William then no doubt this would cause division between pro-Royalist(Williamite) elements and nationalist elements. Stranger things have no doubt happened within LGDR, but the refusal to obey the agreed titular monarch normally causes problems. UDP may not have Scotland's dominance of the whisky trade, nor a fleet the size of England's, but both agreed that William would be their King so are obligated to respect his views and act accordingly. Once this stops happening then can William be considered the legitimate King of England and Scotland? And at that point it would appear to open the doors for a Jacobite restoration, which it will come as no surprise to players I tend to be in favour of in principle.