Court Room Exercise

Semester VII

Subject: Public International Law

INDEX

Sl No Moot Propositions Roll Numbers Page Number

1 Proposition 1 1

2 Proposition 2 2

3 Proposition 3 3

4 Proposition 4 4

5 Proposition 5 5

6 Proposition 6 6

Session: August December, 2016

NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI

 Public International Law

Moot Proposition 1

There is prolonged spell of ill governance in Mexico. Instances of gross violation of

internationally recognized human rights- civil, political, economic, social and, last but not least,
cultural are widespread and apparent on the face of record. While police atrocity does not work
to contain the widespread public grievance, the military government does not hesitate to deploy
combatant force to contain the same and somehow maintain status quo.

After an unsuccessful rebellion in Mexico, a warrant was issued for the arrest of a rebel leader on
a set of severe criminal charge arising out of the said rebellion against one of its leaders Don
Bosco, a Mexican national. Immediately thereafter, he went undercover to avoid the arrest and
apprehended torture on the basis of his political opinion. After desperate attempt on his part in
association with civil society movement organizations in Latin America, he was granted shelter
and protection by the Government of Bolivia in its embassy located in the Capital city of
Mexico. Although on its part, Government of Bolivia sought, the Government of Mexico
refused a safe conduct to allow Don Bosco a safe corridor and pass out of its territory. The
Government of Bolivia has brought a case abovementioned against Mexico, asking the
International Court of Justice to decide upon such contentious issues involved herein.

You are scheduled to appear before the Court as respective Agents of the States. Identify major
issues for consideration and submit your arguments as the agents of either on behalf of Bolivia
or on behalf of Mexico before International Court of Justice. Apply your legal mind in general
along with particular reference to the source(s), if any, of public international law available and
applicable here.

1
 Public International Law

Moot Proposition 2

Since his childhood days, an American spent four decades of his life in Baghdad and grew as a
businessman with huge property and business establishment there in Baghdad. Despite
prolonged stay in Baghdad, he never applied for citizenship of Iraq. Thus he remained a subject
of the United States of America by citizenship till 1989. In 1989, however, he went to Maldives
and applied for its citizenship. That was his first visit to Maldives and he has neither domicile
nor establishment there. Somehow, he got fit into the internal law of Maldives and thereby
received its citizenship. Thereafter, Norton (The American) declared before Government of
Baghdad that now onward he is no longer an American national and he should be treated by
Baghdad as a national of Maldives. He received no response. Nor he pursued for response from
Baghdad.
1992 onward, Baghdad and Washington are at loggerheads for political reasons and there were
two wars in 1992 and 2002 respectively followed by political topsy-turvy and replacement of
earlier government in Baghdad. In 2012, Norton returned to Baghdad and found that his
establishment and property is confiscated by earlier regime. Even he is subject to ill treatment by
present regime as enemy alien out of his earlier identity as American national which he already
abandoned and that information is shared with Baghdad. On his request, Maldives defended his
nationality but that fell on deaf ears. Consequently, Maldives filed a case before the International
Court of Justice against Iraq.
You are scheduled to appear before the Court as respective Agents of the States. Identify major
issues for consideration and submit your arguments as the agents of either on behalf of
Maldives or on behalf of Iraq before International Court of Justice. Apply your legal mind in
general along with particular reference to subject matter, if any, of public international law
available and applicable here.

2
 Public International Law

Moot Proposition 3

Hindustan Lever, a company incorporated in India, has had its wing in Pakistan. In Pakistan, its
registered name is Pakistan Lever which has had few shareholders from several foreign countries
including Afghanistan. After civil war, Pakistan introduced a law not to allow transfer of money
to foreign shareholders. Thus, Afghan shareholders got worst affected since eighty percent
(80%) shareholders of Pakistan Lever are domiciled in Afghanistan.
Afghanistan, being occupied by American force, cannot act on its own. Therefore its nationals
lack access to justice in the absence of any system of governance there. Subsequently, most of
these shareholders changed their domicile to India and put pressure on Government of India to
file a suit before the International Court of Justice. India has had protracted track record of
hostility with Pakistan and therefore declined to put add-on through fresh suit before the
International Court of Justice and that also for Afghan shareholders. At last, they took resort to
China through applying for its citizenship and China filed the contentious case before the Court.
After a brief spell of failed negotiations between China and Pakistan, both submitted the matter
before the Court.
You are scheduled to appear before the Court as respective Agents of these States. Identify
major issues for consideration and submit your arguments as the agents of either on behalf of
China or on behalf of Pakistan before International Court of Justice. Apply your legal mind in
general along with particular reference to subject matter, if any, of public international law
available and applicable here.

3
 Public International Law

Moot Proposition 4

S. S. Cactus, a Russian ship collided with El Dorado, a Chinese ship in an area that is situated in
common borderline of the continental shelf of these countries. Consequrntly, both these ships
suffered irreparable damage with some of crews hurt in both ships. Due to cyclonic atmosphere,
both these ships were prompted to drive in high speed and come out of the turbulent zone and
thereby came closer to one another. After collision, both these ships recovered the shock and
returned toward their respective ports. While returning, however, S. S. Lotus succumbed to the
damage out of collision while El Dorado succeeded to return to China. Thereafter, Russia raised
allegation against China and demanded urgent surrender of all crews of S. S. Lotus before the
Chinese court and face criminal proceeding. Russia did not agree to such proposal.
Consequently, both China and Russia filed a case before the International Court of Justice. In
their written statement, both of them alleged gross violation of jurisdiction of their respective
states by other under international law. Both of them claimed damages in the form of reparation
for recovery of loss suffered by them. Both of them pleaded complete innocense in their part.
You are scheduled to appear before the Court as respective Agents of these States. Identify
major issues for consideration and submit your arguments as the agents of either on behalf of
China or on behalf of Russia before International Court of Justice. Apply your legal mind in
general along with particular reference to subject matter, if any, of public international law
available and applicable here.

4
 Public International Law

Moot Proposition 5

In 2002, in State Saurashtra of Indica, there was a severe riot through which thousands of
members of a minority community were killed in the wake of series of organized attacks by
members of majority community. Though the same was initiated by attack on devotees
belonging to majority community travelling in train on their way to return from pilgrimage, and
the riot was initiated in retaliation of attack allegedly by members of minority community, they
thereby suffered setback in the hands of majority community. Further, the state being governed
by a pro-majority political party, during the pick hours of this riot, the state was reduced to a
silent spectator. Sometimes it offered passive patronage to accelerate violence on the part of
majority community. Law and order being a state subject, and the same political party being
placed in the Union government as well, there was little intervention to resist the communal
violence. The matter was later reported to the International Criminal Court and the Prosecutor
found substance in the matter. While India being asked to surrender few persons who led this
communal riot, some were part of the State government, India declined to hand over them.
Thus, the matter was raised before the International Criminal Court and the Court took up the
matter for disposal since India is prepared to offer pleading before the Court. Prosecutor and
India are thereby required to submit their respective arguments before the Court.
You are scheduled to appear before the Court as respective Agents. Identify major issues for
consideration and submit your arguments as the agents of either on behalf of Prosecutor or on
behalf of India before International Criminal Court. Apply your legal mind in general along
with particular reference to subject matter, if any, of public international law available and
applicable here.

5
 Public International Law

Moot Proposition 6

Banana Republic is a land-locked state surrounded by a set of coastal states. A large river basin,
worthy of ship navigation in terms of its width and depth, flows through Banana Republic and
ends in a nearby sea that is linked to an ocean. Also there is good relation between Banana
Republic and Barbeque Republic, a lower riparian state through which the river Oceana flows
and ends to its destination sea. On the basis of bilateral agreement, Banana Republic used to
navigate through this river basin that belongs to Barbeque Republic. Last year, in course of
navigation, a ship overloaded with ultra-toxic nuclear waste sank in this basin area that belongs
to Barbeque Republic and caused havoc on life and health of its population adjacent to this river.
Being upper riparian state, Banana Republic remains saved out of such catastrophic disaster. The
bilateral agreement was agreed upon in good old time while there was no concept of nuclear
waste. Therefore, there is no such exception clause to prevent Banana Republic from navigation
of nuclear waste. Although there is a conventional regime on hazardous waste, neither state is
party to the same.
Under such circumstance, Barbeque Republic has dragged Banana Republic before the
International Court of Justice with allegation of its responsibility for committing international
wrongful act and thereby jeopardizing life and health of its population. As usual, Banana
Republic declined the same.
You are scheduled to appear before the Court as respective Agents. Identify major issues for
consideration and submit your arguments as the agents of either on behalf of Barbeque
Republic or on behalf of Banana Republic before the International Criminal Court. Apply
your legal mind in general along with particular reference to subject matter, if any, of public
international law available and applicable here.